Among almost all the nations of antiquity, divorce was regarded as natural corollary of marital rights. Romans, Hebrews, Israelis etc. All had divorce in one or the other form even though the provisions of the divorce was recognized in all the religion Islam is perhaps the first religion in the world which has expressly recognized the termination of marriage by way of divorce. In India among Hindus it was only allowed by Hindus under Hindu marriage Act, 1955.

The Quran permits divorce partly because of some countenance to the customs and partly to enable men to get rid of an odious union. Prophet Mohammad restrained the power of divorce and gave to women the right of obtaining separation on reasonable grounds.

Talaq literally means an act of repudiation of marriage by the husband in the exercise of his powers which has been conferred to him. The term divorce includes all separations originating from the husband and repudiation for talaq in the limited sense, namely, of separation effected by use of appropriate word.

There are two different modes of talaq. They are talaq-ul-sunnat and talaq-ul-biddat. Talaq-ul-sunnat is in accordance with the traditions of the prophet. Talaq-ul-biddat is the disapproved mode of talaq. It is also known as triple talaq. The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism.

On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-ul-biddat) unconstitutional. Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional. The remaining two declared the practice to be constitutional. India's Muslim neighbours are among 23 countries that have banned triple talaq already.

The Quran established means to avoid hasty divorces. It prescribes two waiting periods of three months before the divorce is final in order to give the husband time to reconsider his decision. On 30 July 2019, the Parliament of India declared the practice of Triple Talaq illegal and unconstitutional, and made it a punishable act from 1 August 2019 which is deemed to be in effect from 19 September 2018 and also it was signed by the President on 31st July 2019.

Explain The Salient Features Of Talaq In Muslim Law And Does The Triple Play An Important Role In The Muslim Law: Answer For The 1st Research Question

Talaq in its original sense means repudiation or rejection but under Muslim law, it means a release from the marriage tie, immediately or eventually. It is generic name for all kinds of divorce, but it is particularly applied to the repudiation by or on behalf of husband.

In Moonshee Butloor Rahim v. Laleefutoon Nisa, it was said that under Muslim law talaq is the mere arbitrary act of a Muslim husband who may repudiate his wife at his own pleasure with or without cause. He can pronounce the talaq at any time. It is not necessary for him to obtain the prior approval of his wife for the dissolution of his marriage. A revocable pronouncement of talaq does not dissolve the marriage iddat has expired, but an irrevocable pronouncement dissolves the marriage immediately on its pronouncement.

Different Modes Of Talaq

A talaq may be affected in any of the following modes:

• Talaq-ul-sunnat
• Talaq-ul-biddat

Talaq-ul-sunnat: It is a talaq which is effected in accordance with the tradition of prophet.

It has been sub divided into:

• Ahsan
• Hasan

Ahsan: It is the most approved mode of talaq. This signifies that talaq pronounced in ahsan form is very best kind of talaq to be in ahsan form, the proceedings of divorce must satisfy certain conditions. The conditions are, the husband must pronounce the formula of divorce in a single sentence; the pronouncement of divorce must be in a state of purity (tuhr); he must abstain for intercourse for the period of iddat.

When the marriage has not been consummated, a talaq in the ahsan form may be pronounced even if the wife is in her menstruation. Where the spouses areaway from each other for a long period or where the wife is beyond the age of menstruation, the condition of tuhr is not applicable. A pronouncement made in ahsan form is revocable during iddat. After the expiration of the iddat the divorce becomes irrevocable.

Hasan: it is a good mode of talaq. A talaq pronounced in hasan form is of lesser worth than the one pronounced in hasan form. To be in hasan for the proceedings must satisfy the following conditions. The conditions are, there must be 3 successive pronouncement of the formula of divorce; in the case of menstruating wife the first pronouncement should be made during the period of tuhr, the second during the next tuhr and the third succeeding tuhr; in the case of non menstruating wife the pronouncement should be made during the successive intervals of 30 days; no sexual intercourse should take place during these three periods of tuhr.

Talaq-ul-biddat: It is the disapproved mode of talaq. It is sinful form of divorce. It is the irregular mode of talaq introduced by Omayyad's in order to escape the strictness of law. Talaq-ul-biddat is a recognized form of divorce among the hanafis. Triple repetition is not a necessary condition for irrevocability of effect.

It consists of three pronouncements made during a single tuhr either in one sentence, e.g., ―I divorce thee thrice, - or in separate sentence e.g., ―I divorce thee, ― I divorce thee, ― I divorce thee. Or a single pronouncement made during a tuhr clearly indicating an intention irrevocably to dissolve the marriage, e.g., ―I divorce thee irrevocably.

This is called talaq-ul-ba in which means irrevocable divorce. It becomes irrevocable immediately after it is pronounced, irrespective of iddat. In Shayara Bano v. Union of India & Ors, the Constitutional Bench of the Supreme Court of India on 22.08.2017, by a majority of 3:2 held that "the practice of instant talaq is unconstitutional".

Define The Protection Of Right Of Muslim Women With The View Of Triple Talaq: Answer For The 2nd Research Question

In traditional Islamic jurisprudence, triple talaq is considered to be a particularly disapproved, but legally valid, form of divorce'. Changing social conditions around the world have led to increasing dissatisfaction with traditional Islamic law of divorce since the early 20th century and various reforms have been undertaken in different countries. Contrary to practices adopted in most Muslim majority countries, Muslim couples in India are not required to register their marriage with civil authorities.

Muslim marriages in India are considered to be a private matter, unless the couple decided to register their marriage under the Special Marriage Act of 1954. Owing to these historical factors, the checks that have been placed on the husband's unilateral right of divorce by governments of other countries and the prohibition of triple talaq were not implemented in India.

The Muslim Women (protection of rights on marriage) Bill, 2019

The Muslim Women (protection of rights on marriage) Bill, 2019 was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on June 21, 2019. It replaces an Ordinance promulgated on February 21, 2019.

The Bill makes all declaration of talaq, including in written or electronic form, to be void (i.e. not enforceable in law) and illegal. It defines talaq as talaq-ul-biddat or any other similar form of talaq pronounced by a Muslim man resulting in instant and irrevocable divorce. Talaq-ul-biddat refers to the practice under Muslim personal laws where pronouncement of the word 'talaq' thrice in one sitting by a Muslim man to his wife results in an instant and irrevocable divorce.

• Offence and penalty: The Bill makes declaration of talaq a cognizable offence, attracting up to three years imprisonment with a fine. (A cognizable offence is one for which a police officer may arrest an accused person without warrant.) The offence will be cognizable only if information relating to the offence is given by:
  • the married woman (against whom talaq has been declared), or
  • Any person related to her by blood.
     
  The Bill provides that the Magistrate may grant bail to the accused. The bail may be granted only after hearing the woman (against whom talaq has been pronounced), and if the Magistrate is satisfied that there are reasonable grounds for granting bail. The offence may be compounded by the Magistrate upon the request of the woman against whom talaq has been declared). Compounding refers to the procedure where the two sides agree to stop legal proceedings, and settle the dispute. The terms and conditions of the compounding of the offence will be determined by the Magistrate.
   
• Allowance: A Muslim women against whom talaq has been declared, is entitled to seek subsistence allowance from her husband for herself and for her dependent children. The amount of the allowance will be determined by the Magistrate.
   
• Custody: A Muslim women against whom such talaq has been declared is entitled to seek custody of her minor children. The manner of the custody will be determined by the Magistrate.

Does The Triple Talaq Bill Make Any Change In The Position Of The Muslim Women: Answer For The 3rd Research Question

On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-ul-biddat) unconstitutional. Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional. The remaining two declared the practice to be constitutional. India's Muslim neighbours are among 23 countries that have banned triple talaq already.

The Quran established means to avoid hasty divorces. It prescribes two waiting periods of three months before the divorce is final in order to give the husband time to reconsider his decision. On 30 July 2019, the Parliament of India declared the practice of Triple Talaq illegal and unconstitutional, and made it a punishable act from 1 August 2019 which is deemed to be in effect from 19 September 2018 and also it was signed by the President on 31st July 2019.

The Muslim Women (Protection of Rights on Marriage) Bill, 2017

The government had formulated the bill claiming 100 cases of instant triple talaq, since the Supreme Court judgment in August 2017 prohibiting triple talaq in India. On 28 December 2017, the Lok Sabha had passed the Muslim Women (Protection of Rights on Marriage) Bill, 2017. The bill proposed to make triple talaq in any form — spoken, in writing or by electronic means such as email, SMS and instant messengers illegal and void, with up to three years imprisonment for the husband who pronounces triple talaq

The Muslim Women (Protection of Rights on Marriage) Bill, 2018

Later, the Muslim Women (Protection of Rights on Marriage) Bill (2018) was proposed which intended to protect Muslim women. The bill was passed in 2018 and 2019 by the Lok Sabha, but lapsed after not being passed by the Rajya Sabha.

On 19 September 2018, noting that the practice of instant triple talaq had continued unabated despite the 2017 judicial mandate, the government issued The Muslim Women (Protection of Rights on Marriage) Ordinance, 2018. An ordinance introduced into the Indian parliament lapses if either the Parliament does not approve it within six weeks of reassembly, or if disapproving resolutions are passed by both houses. Hence, a new bill named The Muslim Women (Protection of Rights on Marriage) Bill, 2018 was introduced in the Lok Sabha by Union Law Minister.

The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019

As the triple talaq ordinance of 2018 was to expire on 22 January 2019 and also because The Muslim Women (Protection of Rights on Marriage) Bill, 2018 could not be passed, the government repromulgated the ordinance on 10 January 2019. On 12 January 2019, the president approved the 2019 ordinance.

The Muslim Women (Protection of Rights on Marriage) Act, 2019
The Muslim Women (Protection of Rights on Marriage) Ordinance, 2019 was repealed on 31st July, 2019 when the bill was passed by both houses of the legislature, Lok Sabha and Rajya Sabha, and was notified by the President of India in the official gazette, and thus became an Act of Parliament. The Act has 8 sections.

The following are the provision provided under the act:

• Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.
• Any Muslim husband who pronounces talaq upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
• A married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for her and dependent children, as may be determined by the Magistrate.
• A married Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.
• An offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage;
• An offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine;
• No person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman, upon whom talaq is pronounced, is satisfied that there are reasonable grounds for granting bail to such person.

Supreme Court Verdict
The apex court of India gave the verdict on the issue of triple talaq which highlights the accurate interpretation of Sharia law on equality, rule of law, and the human rights promulgated in the supreme law of the state the constitution. Last year, Indian Supreme Court passed a landmark judgment in case,

Shayara Bano V. Union Of India & Others. 2017. The Supreme Court of India set aside the practice of talaq-e-biddat, which allowed certain Muslim men to divorce their wives instantaneously and irrevocably, on the basis that it violated the Constitution of India. The case itself does not primarily focus on gender justice but has strong positive implications on advancing women's rights and gender equality in India.

In Pakistan, the courts are trying their best to control all forms of divorce by meticulously enforcing the provisions of the Muslim Family Law Ordinance 1961 which sets an obligatory procedure to be followed for the purpose of divorce.

The Supreme Court of Pakistan had ruled in Syed Ali Nawaz Gardezi v. Muhammad Yusuf that intimation of talaq to the Chairman of Union council is necessary, if husband unable to do so, it would amount to official cancellation of a talaq This decision is upheld in Mohammad Salahuddin V. Muhammad Nazir Siddique 1984.

However, in Mst. Kaneez Fatima v. Wali Mohammad, the Supreme Court had ruled failure to notice of Talaq to the Chairman of the Union Council does not by itself lead to the conclusion that talaq has been revoked. It may only be ineffective but not revoked". So, one fails to understand the real differences between revocation of talaq in the Gardezi case and talaq being ineffective in Kaneez Fatima. As far as we observe the factual effect of both cases, there is no difference. Revocation of talaq means that the husband has exhausted one talaq and is now left with two declarations to exercise in the future

Conclusion:
Triple Talaq is a procedure of an instant divorce under Islamic Law followed by Muslim men in India. It allows a Muslim husband to legally divorce his wife by pronouncing 'Talaq, talaq, talaq' three times. It can be pronounced in oral or written or by electronic media like email, SMS, or WhatsApp. Talaq means divorce in an Arabic word. Under Muslim law, once a man has spoken it, immediately ends his marriage. This instant divorce is also known as 'Talaq-e-biddat'.

Triple Talaq adversely impacts the lives of Muslim women. This sinful culture encourages polygamy, gives mental insecurity and threats of instant divorce. It has been treated as the dominance of men over women. Hence, it goes against gender equality, women empowerment, the dignity of women, justice, and human rights. In small matters, Muslim men give triple talaq threats to their wives. This destroys the life of women and children.

The latest rule is truly an encouragement in the women empowerment movement in India. The court has given progressive thoughts over the personal law in society. The abolishment of Triple Talaq will deny discrimination and injustice from Muslim women's lives in the future. Society should also come forward against this social evil to abolish this practice. Because women's empowerment is very essential for the progress of the nation.