Monday, October 12, 2020

TRIPLE TALAQ IN INDIA - A REALITY CHECK

In the year 2019, BJP ruled Government in India passed an Act called The Muslim Women (Protection of Rights on Marriage) Act, 2019

As soon a Bill on this regard came into discussion during 2018 there started ideological protests backed by political agenda throughout all kind of medias all over India.

There was a strong intentional movement against the bill by confusing laymen in the country by propagating completely false information that this proposed bill is anti islamic and anti shariath law.

India is one of the rarest of the rare countries in the world which follows 'Uniform Criminal Code' and 'Non-Uniform Civi code for its citizens' 

which means those citizens of India who are religiously islamic are following a different civil code in this country but they conveniently chose to prefer Uniform Criminal Code in India.

in short, islamic citizens in India doesn't follow Islamic law in its full extend. they have adopted the comfort of Civil rights in Islam like multiple marriages and easy divorce etc and adopted Uniform Criminal Code of India to escape from strict and cruel punishments followed under Islamic rule.

But when it come to 'TRIPLE TALAQ' islamic society in India don't even follow the real Islamic law, they have comfortably deceived general public in the religion that the triple Talaq practiced in India is done asper Islamic law, but in reality it is not.

Lets have look at the ways the Talaaq is conducted under Islamic law and the way Talaaq is done in India .

Talaaq are been done in the following style.


(1) Talaaq by Husband (Talaq-us-Sunnath & Talaq-ul-Biddad)

(2) Talaaq by Wife (Talaaq-e-Tafvid)

(3) Talaq by Mutual (Khula & Mubaarat)

(4) Talaq by Court (Lian & Fasq)


in the above given options of Talaq, our issue is the first one that is Talaq by Husband 

as per real Islamic Law, only Talaq - us - sunnath has to be practiced, which means only Legal Talaq has to be practiced.


Talaq-ul-Biddad is unlawful way of Talaq; Shariath Law and Khuran doesn't approve it.

 Talaq-us-Sunnath that is legally approved Talaq by Shariath law can be done in two different ways.

(1) Talaq-e-ehsaan 

(2) Talaq-e-Hasan

in which majority of Islamic society follows 'Talaq-e-ehsaan', 

under Talaq-e-ehsan, if a Husband wants to talaq his wife then he has to go and stand in front of his wife and say talaq for three times, means "Talaq, Talaq, Talaq", after saying three times Talaq to his wife, Husband has to wait for 'Iddath' period,

Iddath period has a duration of 3 moths, during this Iddath period Husband has the freedom to accept his wife back and live together, if in any case Husband receive his wife back or having sexual relationship with her under Iddath period then the Talaq will become invalid.  otherwise if the Husband doesn't accept his wife back during Iddath period then the Talaq will become complete and legally valid.

If the Husband wants to remarry his wife after Talaq then the divorced wife has to marry someone else, have sex with him and that new husband has to Talaq her again.

after saying Talaq, during the Iddath period the Husband has to provide alimony for his wife who is pursuing her Iddath period.

But unfortunately Talaq followed in India is Talaq-ul-biddad, which is illegal under Islamic Law, under Talq-ul-Biddad, after saying "Talaq, Talaq Talaq" the husband never wait for Iddath period, and the Talaq done this way is not accepted by Khuran or Shariath law.

There for those who really follow Islamic religion and accept Khuran has also has to accept the fact that the Triple Talaq system which is followed in India is non-islamic and illegal. 

if you are doing anything illegal then you should get punished, 

The newly introduced law in India that is The Muslim Women (Protection of Rights on Marriage) Act, 2019 is very clear and simple in its objective.

those who are doing illegal divorce has to face the punishment accordingly.

and this Act is introduced to safeguard the provisions in Shariath Law and Khuran and to support and safeguard the interest and rights of millions of Islamic women and their parents in India.

Unfortunately, an Act to protect the religious right in India is projected as anti-religious Act by some vicious group of people who are driven by dirty political agenda. 

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