Triple Talaq act 2019 : Impact of act on Islamic women / Custody / Imprisonment / Alimony
Two minute reads :
“Imagine living with the mental insecurity that years of that years of your marriage can be ended with just by the utterance of three words”
Triple Talaq is based on belief that the husband has right to reject or dismiss his wife with good grounds.
In 2019, the Indian parliament enacted a law banning “Triple Talaq ” which was termed as historic by the government.
The supreme Court holding Triple talaq as invalid.
Utterance of Talaq thrice does not result in the dissolution of marriage.
- Triple Talaq is banned in more than 20 Islamic countries including Pakistan.
Important highlights of the Triple Talaq act 2019 :
- It is applicable in whole of India but it is not extended to the state of Jammu & Kashmir.
- Any Muslim husband who communicates the ” Talaq ” orally, have to face punishment up to three years in jail.
- The punishment may be also extended.
- The Muslim women is entitled to the custody of her minor children even if the husband has pronounced Talaq.
- Husband who declared Talaq have to pay alimony, amount of allowance will be determined by Magistrate.
- Terming Triple Talaq as unconditional enshrined in Article 44 of directive principal of state policy.
- It’s criminalization, goes against the fundamental right, i.e, Article 25 and 26, the freedom of religion.
- In 2016, the Allahabad High Court declared in a ruling that the practice of instant triple talaq is unconditional.
- It violates the rights of Muslim women.
- On 22 August in 2017, the Supreme Court declared Triple Talaq unconditional.
Impact of the bill :
- Muslim women will be treated inequality on per with Muslim men.
- This will empower Muslim women and strengthen gender justice.
- The penalty and arrest, in the case, will act as a ” necessary detergent ” in the repetition of future incidents.
- The law will also help in giving justice and respect for the women in the country.
- According to a study, the largest percentage of divorces in our society takes place among Muslim women.
- This act will help in decreasing divorce rate and enhances Islamic women empowerment.
- Read : https://modernaffairs.live/pregnancy-bill-pregnancy-amendment-bill-2021/
- Also read : https://modernaffairs.live/article-239aa-government-of-nct-of-delhi-amendment/