THE CONSTITUTIONAL VALIDITY OF THE PRACTICE OF TRIPLE TALAQ AMONG MUSLIMS
Journal Title: International Journal of Research in Social Sciences - Year 2017, Vol 7, Issue 7
Abstract
Triple Talaq is a practice of divorce by Muslims in India. It has been a subject of controversy and debates within the community, raising the issues of justice, gender equality and human rights. The Government of India and the Supreme Court of India have been involved in addressing the issues. First, before understanding what triple talaq is, we must understand what a „Nikah‟ (Marriage) stands for in Islam. Nikah is essentially a contract laid down in a „Nikahnama‟ drawn between the husband and the wife. This contract can have conditions and has a compulsory „consideration‟ (Meher) to be paid at the time of the marriage. This consideration is paid by the man to the wife, and can be at time waived off by the woman as per her own will. So the basic difference between a Hindu Marriage and a Muslim Marriage is that for Hindus, marriage is a divine sacrament whereas for Muslims, it is contract drawn between the husband and the wife.2 So to explore the question of triple talaq, one must understand that in Islam, everything is followed as per Sunnah (Deeds of the prophet). Hence, most Muslim women bodies opposing 'triple talaq‟ want the Muslim bodies to adopt „Talaq-e-Sunnah‟ (Divorce as per the Prophet‟s sayings and Quranic dictation) and discard „Talaq-e-Biddah‟ (Divorce as per a later formed mode of divorce which propagates instant divorce).
Authors and Affiliations
Namrata Gupta
Keywords
Related Articles
- EP ID EP20094
- DOI -
- Views 302
- Downloads 15
Causality between Saving and Economic growth in India
The objective of this paper is to examine Co-integration and the direction of causality between savings and growth as these have important implications for development policy. We estimate long run interrelationships be...
An Empirical Study on External and Internal Employer Branding
Over the years, we‟ve spent a ton of time talking about employment branding. In its various aspects, employment branding is a key part of the equation for long term recruiting and talent management. This research revea...
Menstrual Hygiene Practices: Myths and Taboo
Menstrual cycle is an integral part of a female’s life which due to the superstitions and myths followed by the families and others in the community, gets dangerously ignored and is not given importance. In rural area...
STAKEHOLDER INVOLVEMENT AND SUSTAINABILITY OF WOMEN DEVELOPMENT PROJECTS IN KISUMU CENTRAL CONSTITUENCY, KISUMU COUNTY, KENYA
Project sustainability has been a challenge to local, national and international development agencies. Globally, billions of shillings have been spent in communities to enhance the living situations of poor people. Don...
World On Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability (By Amy Chua, 2003)
Ebenezer Agbeko is an Independent Researcher and holds a Masters degree from American Public University, School of Security and Global Studies (United States). His articles “Understanding the Structural Dynamics of the...