Triple Talaq: All you need to know
The draft Muslim Women Protection of Rights on Marriage Bill was sent to the state governments on last Friday for their views. Photograph: (Facebook)
Research: Raunak Sharma
What is Talaq?
In Muslim law, "it means release from a marriage tie, immediately or eventually".
Who can pronounce Talaq?
As per Islamic law, only the husband has a right to pronounce Talaq.
According to Shia denomination, Talaq must be pronounced orally in the presence of two witnesses unless he is unable to speak. Further, Talaq must not be pronounced under duress or compulsion otherwise, Talaq is void.
Where as, in the Sunni denomination, a Talaq pronounced under compulsion or intoxication is effective.
Wife and Talaq
It is not necessary that Talaq must be pronounced in the presence of wife.
However, After the passing of Muslim Marriage Dissolution Act 1949, a Muslim wife can also get a divorce on certain grounds.
One such condition is 'Talaq e Tafweez', an agreement made either before or after the marriage providing that the wife is at liberty to divorce herself from her husband under certain specified conditions.
Types of Talaq
Talaq is divided into 4 types:
By husband- Talaq, Ila and Zihar;
By wife- Talaq e Tafweez;
By mutual consent- Khula and Mubarat, and
By Judicial Decree under Muslim Dissolution of Marriage Act 1939- Lian and Fask.
Under Lian, when the husband charges the wife with adultery and the charge is false, the wife is entitled to sue for and obtain a divorce.
Where in Fask, Muslim law allows a lady to approach a qazi for dissolving the marriage. Also, before the enactment of Muslim Marriage Dissolution act, this was the only way for a Muslim woman to repudiate a marriage.
Muslim Marriage Dissolution Act 1939
Section 2 of Muslim Marriage Dissolution Act 1939, gives the following grounds to wife belonging to Shia as well as Sunni sects, upon which she can ask for a divorce:
Absence of Husband for 4 years;
Failure to maintain for 2 years;
Imprisonment of husband for 7 years and more;
Failure to perform marital obligations for 3 years;
Impotency of husband;
Insanity, leprosy, or venereal disease;
Repudiation of marriage;
Cruelty of husband; and,
Grounds allowed by Muslim law.