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For All Defence Candidates All About Triple Talaq

For All Defence Candidates All About Triple Talaq

Triple Talaq

What Is It?

A Custom In Islam Whereby Men Can Divorce Their Wives By Just Uttering Talaq Thrice In One Go The Utterance Can Be Either Oral Or Written Or Through Electronic Media Such As Telephone Sms/Whats’app Email Or Other Means This Is One Of The Various Divorce Options In Islam.

Why In News Now?

In August 2017, Supreme Court Declared Triple Talaq As Unconstitutional Violative Of The Fundamental Rights Of Muslim Women In December 2017, The Lok Sabha Passed A Bill Prohibiting The Practice Of Triple Talaq’

SC Judgement On ‘Triple Talaq’

Five Judge Bench Of Supreme Court Decided Triple Talaq Case In August 2017 In Its Judgement The Supreme Court Imposed Stay On Its Practice For 6 Months Directed Parliament To Enact A Legislation On The Subject Within The Said Period Of 6 Months Declared Triple Talaq ‘Void,Illegal & Unconstitutional If The Government Fails To Enact A  Law In 6 Months Injunction Of Supreme Court On Triple Talaq’will Continue.

Who Challenged Triple Talaq’?

It Was First Challenged By Shayara Bano In The Year 2016 After She Got Divorced In 2015 A Bill To Check The Practice Of Triple Talaq The Name Of The Bil

The Muslim Women (Protection Of Rights On Marriage)Bill 2017 The Bill Came In Indian Parliament After Supreme Court’s Decision On The Issue What Is There In The Bill?

The Bill Makes Instant Triple Talaq’ Void And Illegal A Cognizable & Non Bailable Crime With 3 –Year Jail Term & Fine The Bill Provides For A Muslim Woman Affected By Triple Talaq’ A Subsistence Allowance For Woman & Her Dependent Children To Take Custody Of Her Minor Children In The Event Of Triple Talaq’.

Significance Of The Bill

The Bill Will Ensure For Muslim Women Constitutional Goals Of Gender Justice & Gender Equality Their Fundamental Right Of Non- Discrimination.

Status Of The Bill (As On April 2018)

The Bill Has Been Passed By Lok Sabha In Its Winter Session Is Lying Pending In Rajya Sabha.

Is It The First Time Intervention By Supreme Court In Muslim Personal Law?

No.Earlier In Shah Bano Case Also The Court Made Such An Intervention In The Muslim Personal Law In 1985

What Are The Views Of Muslim Personal Law Board On The Issue?

According To The Sources The Board Is Not Exactly In Favour Of The Instant Triple Talaq’ Model Nikahanana By The Board Talks About Curtailing This Practice Even The Board Has Already Issued Advisory On The Subject Saying That Anyone Who Practice It Would Be Boycotted Socioally. Even The Board Does Not Favour The Bill To Interface In Other Forms Of Talaq Except Triple Talaq.

The Big Questions

If Such A Legislation Is Brought Forth Will It Not Amount To Interface With The Fundamental Rights Of Minorties In India?

Article 25(1) Of The Constitution Says That All Persons Are Equally Entitled To Freedom Of Conscience Profess,Practice & Propagate Their Religion Freely In Dara Singh Vs.Republic Of India Case In 2011, The Supreme Court Opined That State Has  No Jurisdicition To Interface Into Some One’s Religious Beliefs By Any Means.

Important To Be Noted

Nothing Prevents The State From Intervening With Anybody’s Rights Including Religious Rights When It Comes To Social Welfare/Reforms Instant Triple Talaq’ Is Not Practiced In Many Countries So.It Cannot Be Seen As An Essential Part Of Islam Respecting Religious Faiths In A Secular Country Such Social Evils Can Be Better Curbed By Education.

Muslim Personal Law Board

All India Muslim Personal Law Board Is An Apex Body Of Muslims In India

Respresents Al Islamic Schools Thoughts

Was Consitituted In The Year 1972.

Niahnama

Is A Marriage Contract Between Bride & Bridegroom Contract Between Bride & Bridegroom

Different From The Hindu Society

Where Marriage Is An Institution,In Muslim Society Marriage Is A Civil Contract.

Cognizable Offence

Is An Offence Defined In Criminal Procedure Code, 1973

In Case Of Cognizable Offence,A Police Officer Is Authorized To Arrest A Person Without Warrant

These Are Crimes Of Serious Nature.

Important

Other Forms Of Talaq (Divorce) In Islamic Shariyat Are Not Declared Unconstitutional By The Court.

Countries Where Triple Talaq Is Banned

Algria,Egypt,Iraq,Jordan,Kuwait,Lebanon,Libya,Morocco,Sudan,Syria,UAE,Yemen,Indonesia,Malaysia,Philippines,Pakistan ,Bangladesh, Sri Lanka.’

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Er. HartaJ is one of the main Instructors and a part of the team At NCA. He himself has cleared the SSB process thrice, but as per his grandfather's Late Lt. Col H.S.Dhaliwal Wish he is continuing teaching and making officers. Been associated with New Careers Academy for the last 8 years, he also has been succefull in making Second and Third Generation Of officers. Once Taught by his Grandfather and Father Capt. Dhaliwal. He is know all across with students for the way he teaches and he is more of a role model for them .