New Delhi(September 19, 2018): India’s Union Cabinet on Wednesday approved the Triple Talaq ordinance, which makes instant divorce a penal offense. The ordinance demands that Muslim men found guilty of the offense be fined and jailed for three years.
A modified of Talaq (divorce), Triple Talaq is not as per Quranic principles or teachings. For talaq-e-sunnah (Islamic divorce), the Quran purports efforts of reconciliation and giving notice to the wife over an extended period of up to three months, with the pronouncement of ‘talaq’ staggered over this period of time.
When the third and final ‘talaq’ is given, even after the conciliatory efforts and the breaks in between, the divorce is deemed final and therefore irrevocable.
On the other hand, the modified ‘instant divorce’ has been used by Indian Muslim men to divorce his wife over SMS by sending the word ‘talaq’ three times, or over the phone and in person in a single instance.
India follows a secular approach with religious groups being allowed to manage their own affairs within the law, and most of these divorcees never see justice or even a chance at reconciliation with the husband. The move to criminalize instant divorce, therefore, is being touted as a step forward for the rights of Indian Muslim women.
Clerics and Muslim seminary leaders in India are divided on the issue but in many cases, the onus is on the woman to accept the instant divorce and move on.
As per the ‘Muslim Women Protection of Rights on Marriage Bill’, these are the key amendments approved:
– Triple Talaq is a punishable criminal offense which can be reported through an FIR (First Information Report)
– It is a non-bailable offense, so the accused cannot get bail at the police station where the FIR is lodged. However, the accused can request bail from a magistrate before the trial begins
– The offense is ‘compoundable’ which means the magistrate can step in to settle the issues between the couple. When categorized as a compoundable case, both parties are allowed to withdraw the case.
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