Wednesday, 2 February 2022

Dissolution of Muslim marriage

 Dissolution of Muslim marriage

 I Muslim marriage is a civil contract between two parties, bride and bridegroom. The Muslim marriage Is called as ‘Nikah'. The dissolution of a Muslim marriage is called as ‘TALAQ'. There are many ways to pronounce ‘TALAQ'. Mainly ‘TALAQ’ is of two types ‘ TALAQ- E- SUNNAT' and ‘TALAQ- E- BIDDAT'. Let’s discuss them one by one-

TALAQ- E- SUNNAT-  The word ‘Sunnat’ means something that confirms tradition. This form of ‘ TALAQ’ It’s performed by the Muslim husbands to dissolve a marriage for several years. It is the traditional way of divorce in Muslim marriage. TALAQ- E- SUNNAT is of two types

  • TALAQ- E- AHASAN- The word ‘Ahasan' Means something pure. In this process the Muslim husband pronounce Talaq for one time And after that a period of 90 days is observed.  The period of 90 days is called as  iddat period. If in that period any settlement or arbitration or reconciliation take place between the two party then Talaq can be revoked and the marriage will remain valid.

  • TALAQ- E- HASAN- The word ‘Hasan’  means good. In this process Talaq Is pronounced for three times in three successive months by the husband.  in this process there is also the concept of Iddat period  is present. If any arbitration, reconciliation and settlement happens between the two parties before the third pronouncement of Talaq, then the Talaq can be revoked.

TALAQ- E- BIDDAT- In this process A Muslim husband can pronounce the ‘TALAQ TALAQ TALAQ’ in time. This process also called as Instant Triple Talaq. In this process no chance is given for settlement or reconciliation to the parties. It is a disapproved form of talaq.

                             Shayara Bano vs. Union of India 

In this case Shayara Bano filed a petition before the Supreme Court against her husband Rishwan Ahmed, Union of India, Ministry of Law and Justice, Ministry of Women and Child Development, Ministry of Minority Affairs, and All India Muslim personal Law Board challenging the TALAQ- E- BIDDAT, polygamy and Nikah Halala.

A bench of five judges was constituted under Chief Justice Jagdish Khehar, Justice Abdul Nazeer, Justice Kurian Joseph, Justice Rohinton Nariman and Justice U U Lalit. When the Supreme Court demanded written statement for those three practices, which were challenged the All India Muslim Pessoa Law Board stated that Supreme Court has no jurisdiction to interfere in religious matters. Two issues were faced bu the Apex Court that are- if the practice of TALAQ- E- BIDDAT is a essential religious practice of Islam? And whether the practice is violative of fundamental rights? 

The Supreme Court Says that as the practises are protected under article 25 of the Indian constitution Supreme Court cannot interfere in this matter.  And it is and it cannot be decided by the judiciary, the parliament will decide the triple talaq should be banned or not. The Supreme Court said where the law is made before or after independence it should not violate the fundamental rights. And the practice of Triple Talaq  is violative of article 14, 15, 21 and 25. It said Triple Talaq is a arbitrary process which violates article 14. Thus, the Supreme Court has the power to put a stay order on the practice of Triple Talaq until the Parliament is coming up with a law against the practice of TALAQ- E- BIDDAT. 

Later the parliament declared the practice as a punishable ofence. The punishment for which is imprisonment up to three years and fine.

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