Critical Anaylsis on the Effects of Triple Talaq, the Plight of Women, its Impact on the Society Muslim Community


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Article type :

Original Article

Author :

Simran Chhallani

Volume :

2

Issue :

5

Abstract :

Today, the issues of women rights in muslim personal law is highly controversial. Specially, muslim women rights relating to triple talaq, inheritance, maintenance has got much attention nowadays. A muslim man can divorce his wife by prouncing three times talaq. When husband clearly mentions it is called as express talaq. After that husband and wife cannot be together back until wife marries someone else. The legal decisions are based on the norms mentioned in quaran therefore, certain anomalies need to be eradicated by giving true essence of holy quaran for the benefit of muslim womens right. There is three types of talaq namely, unlike other religion marriage is viewed as sacrament but, under, muslim law it is civil and social contract. Talaq ul sunnat sanctioned by prophet is sub divided into Talaq e ehsan, Talaq hasan, Talaq e biddat. The current debate on triple talaq, centred on the Sharaya Bano and several other petitions which considers no aspect of Islamic personal laws which amounts to violate the spirit of constitution. The whole triple talaq has become a battleground for the culture vs social debate. In this paper the author deals with the question of triple talaq in the light of the recent petition filed in the Supreme Court for declaring such talaq invalid. The author argues that there is an already existing legal precedent established by the apex court with respect triple talaq which should be followed instead of resorting in aggressive approach which may become dominant to muslim women themselves. This research paper analyze to attempt the on going implications on triple talaq, muslim personal law and solutions to empower muslim women. Simran Chhallani "Critical Anaylsis on the Effects of Triple Talaq, the Plight of Women, its Impact on the Society Muslim Community" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: https://www.ijtsrd.com/papers/ijtsrd16996.pdf Paper URL: http://www.ijtsrd.com/management/law-and-management/16996/critical-anaylsis-on-the-effects-of-triple-talaq-the-plight-of-women-its-impact-on-the-society-muslim-community/simran-chhallani

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