Brief Critical Analysis on Triple Talaq in Islamic Law

Authors

  • Ms. Shalini Saxena

Keywords:

Triple Pronouncement, Halala, Constitutionality of Triple Talaq by Judicial pronouncement

Abstract

The issue of the Triple divorce is regarded as highly sensitive among the Muslims in India. The Holy Quran is very cautious in matter of divorce, may be triple divorce has a effect of irrevocable but have to be spaced over a period of three months to give husband and wife time for reconciliation their relationship through the intervention of family members and friends. Triple Talaq pronounced by Husband only when the wife is in state of Tuhur. Yet despite clear Quranic injunctions to the contrary, immediate triple divorce is permitted, destroying matrimonial life in a one breathe. Triple Talaq is an inhuman practice that violates rights and dignity of women. The Constitution of India under Article 25 confers Right to Freedom of religion. The protection under Articles 25 and 26 extend guarantee to rituals, observances, ceremonies, mode of worship etc. which are integral to religion. But for such practices to be considered as a part of the religion.

References

Surat An Nisa [4:35]- Al Qur‟an al-Kareem

In re Abdul Ali (1883) 7 Bom.180; Amir-ud-Din v KhatunBibi (1971) 39 all. 371: 39 I.C. 513

Sarabhai v Rabiabai (1905) 30 Bom. 537: SC 8 Bom. LR.35; Sheikh Fazlur v musamnat Aisha (1929) 8 Pat. 690: 115 I.c. 546: AIR 1929 Pat 81

LNIND 2017 SC 415

(1910) 3, Madras 22

(1911) 36 Calcutta 184

Meaning: the percepts, actions and sayings of the Prophet Mohammad, not written down during his lifetime, but preserved by tradition and handed down by generations

Meaning: the occurrence of opinion of the companions of Mohammad and his disciples

Being analogical deductions derived from comparisons of the first three sources

Abu Dawud 9:2173

Surah al-Baqarah 2:228

Surah al-Baqarah 2:230

(2002) 7 SCC 513

2010 (2) KHC 63

AIR 1952 Bom. 84

Paragraph 13 of Narasu Appa Mali: AIR 1952 Bom 84

(1985) 2 SCC 556

(2001) 7 SCC 740

(2003) 6 SCC 611

Constitution of India

Constitution of India

Constitution of India

(2016) 2 SCC 36

ShamimAra v State of Uttar Pradesh, (2002) 7 SCC 518

Ibid

The Wire, Abandoned Women Vastly Outnumber Victims of Triple Talaq and It‟s Time Modi Spoke Up for Them, December 12, 2016, available at https://thewire.in/86335/abandoned-women-triple-talaq/

AIR 2002 SC 3551

2003 (1) Bom Cr 740

Sri Jiauddin v Anwara Begum, (1981) 1 GLR 358; Rukia Khatun v Abdul Khalique Laskar, (1981) 1 GLR 375

Parveen Akhtar v Union Of India, 2003-1-LW (CrL) 115

AIR 1932 PC 25

Paragrapgh 15 of Rashid Ahmed v AnisaKhatun AIR 1932 PC 25

Paragrapgh 16 of Rashid Ahmed v AnisaKhatun AIR 1932 PC 25

Paragrapgh 17 of Rashid Ahmed v AnisaKhatun AIR 1932 PC 25

Paragrapgh 18 of Rashid Ahmed v AnisaKhatun AIR 1932 PC 25

Paragrapgh 19 of Rashid Ahmed v AnisaKhatun AIR 1932 PC 25

(1981) 1 Gau LR 358

(1981) 1 Gau LR 375

2008 (103) DRJ 137

LNIND 2017 SC 415

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Published

30-06-2018

How to Cite

Ms. Shalini Saxena. (2018). Brief Critical Analysis on Triple Talaq in Islamic Law. Research Inspiration: An International Multidisciplinary E-Journal, 3(III), 16–29. Retrieved from http://researchinspiration.com/index.php/ri/article/view/86

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Articles