1.TITLE: A Voice Against the Crime Called Talaq-e-Biddat

2.INTRODUCTION:

Triple talaq or Talaq-e-Biddat refers to the practice wherein the pronouncement of the word talaq thrice by a Muslim husband either spoken or written or in any electronic form, results in instantaneous and irrevocable divorce.[1] In this custom, the husband says the word "talaq" three times in one sitting, which results in the marriage ending immediately and permanently. Some contend that it is an acceptable divorce procedure in Islam, while others denounce it as unfair and a violation of women's rights. The purpose of this article is to clarify the idea of Talaq-e-Biddat by examining its historical foundations, current discussions, and attempts to prevent its abuse.

3.HISTORICAL CONTEXT:

The origins of talaq-e-biddat can be found in early Islamic law, which permitted divorce after a series of waiting periods and attempts at reconciliation. Even though many Islamic scholars saw the advent of triple talaq as an innovation (Biddat), the practice gained acceptance over time. Critics contend that this practice is at odds with the Quranic guidelines for divorce found in Surah Al-Baqarah, which place an emphasis on a more thoughtful and cautious approach to ending a marriage.

4.LEGAL PERSPECTIVES:

In the Shayara Bano v. Union of India case from 2017, the Supreme Court ruled that the practice of immediate triple talaq was illegal. Shayara Bano, a 35-year-old woman from Uttarakhand, emerged as the defining persona in the legal battle against the patriarchal custom.[2] The court ruled that Muslim women's basic rights were breached by quick triple talaq. The Muslim Women (Protection of Rights on Marriage) Act, which was approved by the Indian government in 2019, made the practice of quick triple talaq illegal. According to the law, saying "instant triple talaq" is a crime that can land the husband in jail. This particular case that represented a composite set of petitions, a majority of which were from women affected by the practice of triple talaq, highlighted the inequality experienced within marriage, as an institution, by women from Muslim communities.[3]

The legal process to resolve Talaq-e-Biddat has not, however, been without difficulties. Critics contend that making the practice illegal might not be the best course of action. Some claim that it may result in spouses being imprisoned without providing a practical means of supporting divorced women financially. There have also been worries expressed over the possible abuse of the law to specifically target Muslim males.

5.SOCIAL IMPLICATIONS:

Talaq-e-Biddat has societal repercussions that go far beyond the realm of law. The process often leaves divorced women in a vulnerable position, with no financial support and a stigmatised status in the community. A corollary of larger initiatives to empower Muslim women through education, economic independence, and social acceptance of divorced women is the reformation of this tradition.

One of its primary topics is the significance of religious leaders and scholars in the social discourse. While some believe that Islamic law should be changed to reflect contemporary values and gender equality, others are opposed to change and defend the sanctity of customs. Establishing a bridge between tradition and modernity is necessary in order to facilitate the coexistence of Islamic ideals with the evolving concept of women's rights.

6.Beyond the Verdict: Challenges and Opportunities:

Even if the Supreme Court's decision is an important turning point, there are still a number of obstacles in the way of achieving its full potential:

1. Social Acceptance: It takes persistent awareness campaigns and educational initiatives to change deeply ingrained patriarchal attitudes within communities. When it comes to reading religious scriptures in a way that supports gender equality, religious leaders and community elders are essential.

2. Economic Empowerment: Women's long-term independence and security depend on giving them access to job opportunities, education, and skill-training programs. Initiatives from the community and government must be tailored precisely to the requirements of Muslim women.

3. Law Enforcement Mechanisms: Ensuring the actual effectiveness of the ban requires bolstering legal enforcement mechanisms and offering easily available legal advice to women who are experiencing marital disagreement or violence.

4. Interfaith Dialogue: By promoting courteous and open communication between communities, interfaith activities can help dispel misconceptions and advance understanding, strengthening the groundwork for inclusive social change.

7.THE ROLE OF ACTIVISM:

The battle against Talaq-e-Biddat has been fought by activists both within and outside the Muslim community. Women's and human rights organizations, academics, and activists have played an important role in raising awareness of the practice's impact on women and rallying support for legal reform. Popular movements emerged to provide a platform for women to tell their stories and demand justice. In a statement, the National Federation of Indian Women (NFIW), a collective which has been demanding amendments in all religious personal laws, welcomed the verdict which held instant triple talaq as unconstitutional and regards personal laws as discriminatory towards women. [4]

8.CONCLUSION:

In summary, a powerful force is fighting an unjust tradition that is deeply rooted in custom, and this force is speaking out against the crime of Talaq-e-Biddat. Legal advancements that highlight how critical it is to protect Muslim women's rights include the enactment of the Muslim Women (Protection of Rights on Marriage) Act. However, obtaining justice is a difficult procedure. Beyond legislation, social reforms are badly needed, and leaders in the community, academia, and religion must actively participate in constructive dialogue.
This is not only a legal battle, but a call for a cultural and religious reevaluation that is in line with contemporary values of equality and decency. The accounts of affected women highlight the importance of all-encompassing empowerment, going beyond legal action to address economic, mental, and social aspects.

The international dimension highlights how Talaq-e-Biddat is a component of a wider discussion on women's rights in various cultural contexts. It is clear from reading just 200 lines that the fight against this crime is a team effort with the goal of a day when religious traditions and human rights coexist peacefully and no woman is subjected to an unjustified, unilateral divorce. The voices speaking out against Talaq-e-Biddat represent a more equitable and just society for everybody.

CITATIONS:

[1] Neha Kishore Banka, Triple talaq judgement and act: Do Muslim women really benefit?, 61 Journal of the Indian Law Institute 439 (2019)

[2] Who is Shayara Bano, the triple talaq crusader, available at: https://www.thehindu.com/news/national/who-is-shayara-bano-the-triple-talaq-crusader/article61477439.ece (last visited on December 21, 2023)

[3] Forum against Oppression of Women, Envisioning and Striving towards Gender Justice, 52 Economic and Political Weekly 12 (2017)

[4] Supreme Court's Triple Talaq Order Welcomed By Activists, Muslim Personal Board, available at: https://thewire.in/gender/supreme-court-triple-talaq-verdict-2 (last visited on December 21, 2023)