Muslim Women Rights Day
1st August is a day which made Muslim women free from the social evil of ‘Triple Talaq’. It is recorded in the country’s history as “Muslim Women Rights Day”.
What is Triple Talaq?
- Also known as ‘Talaq-e-biddat’, if a man belonging to the religion of Islam pronounces talaq thrice either orally or in written form to his wife, then the divorce is considered immediate and irrevocable.
- The only way to reconcile the marriage is through the practice of nikah halala, which requires the woman to get remarried, consummate the second marriage, get divorced, observe the three-month iddat period and return to her husband.
About ‘Muslim Women (Protection of Rights on Marriage) Act, 2019’
- It is applicable in whole of India.
- Any pronouncement of “talaq” by a Muslim husband to his wife in any manner, spoken or written, will be void and illegal.
- Any Muslim husband who communicates the “talaq” orally or in writing may face punishment up to three years in jail. The punishment may be also extended.
- If a Muslim man pronounces “talaq” to his wife, then the woman and her children are entitled to receive an allowance for subsistence. Such an amount can be determined by a Judicial Magistrate of the First Class.
- A Muslim woman is entitled to the custody of her minor children even if her husband has pronounced “talaq” to her.
- The offence is also compoundable (i.e. the parties may arrive at a compromise), if the Muslim woman insists for the same and the Magistrates allows certain terms and conditions which he may determine.
- A person accused of this offence cannot be granted bail unless an application is filed by the accused after a hearing in the presence of the Muslim woman (on whom talaq is pronounced) is conducted and the Magistrate is satisfied with the reasonable grounds for granting bail. Hence, the offence is non–bailable i.e. only a Magistrate and not the police can grant bail.
Why was it banned?
- The Triple Talaq was held to be violative of Article 14 (the right to equality), which is held by the Supreme Court from Shah Bano case 1986 to Shayara Bano case in 2017.
- Triple Talaq is already banned in more than 20 Islamic countries including Pakistan.