International Journal of Research in Social Sciences

  • Year: 2019
  • Volume: 9
  • Issue: 1

Constitutional tennets and tripple talaq: An analytical view

  • Author:
  • Pawan Kumar
  • Total Page Count: 6
  • DOI:
  • Page Number: 827 to 832

Associate Professor, Department of Laws, Guru Nanak Dev University Regional Campus, Gurdaspur, Punjab, India

Abstract

In the pre-Islamic Arabian society, the position of women was very bad. In those days, the customary laws of Arabia were all in favour of the males. The females were treated as properties and not as human beings. The only object of a marriage was the enjoyment of sex and procreation of children. When Islam came into being, the females were given due social status and they regarded as dignified members of the society. Islam prohibits limitless polygamy and no Muslim is now allowed to marry with more than four wives at a time. So for a happy family life firm union of the husband and wife is a necessary condition. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Under this Article an attempt has been made to understand the loopholes of triple talaq and its impact on human rights of Muslim women. Various types of divorce has also been discussed under this Article as provided under Muslim law. Role played by judiciary with respect to interpretation of triple talaq in the light of constitutional provisions has also been discussed. Under the present Article it has also been discussed that the practice of irrevocable talaq is violated the fundamental rights of Muslim women. This article has also puts a great stress on the need of Uniform Civil Code. Latest landmark judgments related to triple talaq has also been discussed. Key features of Muslim Women (Protection of Rights on Marriage) Bill, 2018 has also been described under this Article. In the Concluding part of this article various suggestions have also been given.

Keywords

Talaq, irrevocable, divorce, constitution, Muslim women, Islam