THE POSITION OF TRIPLE TALAQ IN ISLAM: A CRITICAL ANALYSIS OF TRIPLE TALAQ BILL

Abstract

Triple-Talaq is a form of Talaq-ul-bidat in which the husband repudiates his wife by three pronouncements at once, or where he repeats the sentence separately thrice, within one Tuhr. It is denoted in Arabic as Mugallazah, means very hard-divorce which is most disapproved and which does not conform to Talak-us-Sunnat. The divorce becomes irrevocable and dissolves the marriage immediately on the very pronouncement and does not leave any discretion to the husband to cancel it. However there is a great controversy with regard to the effect of triple talaq. According to majority of Sunni jurists, pronouncing the word "talaq" three times in succession, equates with three "talaqs". They hold three repetitions of divorce to be final. On the contrary, according to Ibn Taimiyah and, Ibn al-Qiyam, the Shia and Ahli Hadees, three pronouncements of the word talaq in one session equals to only one talaq. Most Arab countries as well as many Muslim countries while formulating their own laws followed Ibn Taimiyah's position in this issue. India introduced Muslim Women (Protection of Rights on Marriage) bill in its Parliament in 2017. The bill is yet to become a law in the country. But the Muslim leaders all around the country are not happy with the bill. According to them it will further victimize the Muslim women than to empower them.

This research work will first look into historical background of triple talaq, whether it is an approved form under Islamic law of divorce, what reforms have been introduced by Muslim countries to regulate this practice and finally will critically evaluate the Triple Talaq bill to ascertain that whether the intended law will result in the alleviation of the sufferings of Muslim women..