Brief Critical Analysis on Triple Talaq in Islamic Law

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.