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What is the validity of triple talaq in India?
06-May-2023 (In Divorce Law)
I am a muslim woman married for 5 years. I live in Bhopal and my marriage was according to Islam. My husband said talaqtalaqtalaq to me, does that mean we are divorced? What is the validity in India of this talaq?
While many Muslim countries have amended their legal strictures in terms of divorce procedure, India, as far as the practice of Triple Talaqis concerned, continues to uphold provisions of the archaic Muslim Personal Law (Shariat) Application Act 1937.
In Sharia law in India, there are broadly two kinds of talaq:
In Sharia law in India, there are broadly two kinds of talaq:
- Talaq hasan: This consists of 3 pronouncement made during successive tuhrs , no intercourse taking place during any of the three tuhrs. (period during menstruation)
- Talaq al ahsan, which is done by saying a single word 'talaq' 3 times, with an interval of one month every time. The talaq becomes complete when the third time the word 'talaq' is used. No intercourse shall take place during the three tuhr. In case if talaq ahasan and talaq hasan, the husband has an opportunity to reconsider his decision for the talaq, in both cases it does not become absolute until a certain period has elapsed, and the husband has the option to revoke it before then. Where the wife has passed the age of periods of menstruation the requirement of a declaration during a tuhr is inapplicable; furthermore, this requirement only applies to a oral divorce and not a divorce in writing. (chandbi v/s bandesha (Supra) (for your knowledge)
- Triple talaq, or talaqulbiddat, which is done by saying 'talaq' 3 times. So this results in immediate divorce. As a matter of fact, this is the most widely practised method. Talaq ul bidaat becomes irrevocable immediately it is pronounced.
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Adv. Sudershani Ray
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What does the Quran say about triple talaq at once?
The Quran does not mention triple talaq. Legal scholars in Islam are also generally against it. Pakistan and Bangladesh are among the many Islamic countries that have banned this practice. It is legal under Sunni Islamic law.
Is triple talaq right or wrong?
The law declares that Triple Talaq violates the law and is null. It also provides a remedy. According to the Muslim Personal Law Council, it is an interference with their religion that falls under Articles 25, 26. Men will be put under pressure because not all cases are criminal.
What is the rule of 3 talaq?
Triple Talaq is a term used in the Islamic law to describe the end of a marriage relationship, either eventually or instantly, when a man ends it by uttering talaq, three times. Triple Talaq is also called talaq e-biddat.
What happens if you say talaq 3 times at once in anger?
According to the Hanafi School, if you say talaq 3 times, you count it as 3. This means that you cannot get your wife back unless she marries someone else and her new husband divorces her voluntarily.
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