Triple Talaq-Legislative Trend with reference to Other Countries

Vol-4 | Issue-04 | April 2019 | Published Online: 15 April 2019    PDF ( 223 KB )
Author(s)
Rajendra Prasad Verma 1

1A research scholar (MPCT-2015), Dept. of Law, Maharaja Ganga Singh University, Bikaner, Raj. (India)

Abstract

Talaq, Talaq, T…, i.e.triple talaq has been a burning issue in India. It seems to be against the right of gender equality guaranteed by the constitution of India under Article 14. But the existing position of Muslim women in India proves something which is against the constitutional parameters of gender equality. There are so many hitches to improve the status of Muslim women, and the issue of triple talaq is one of them. Triple talaq is a part of Muslim personal law, and the government of India feels hesitant to intervene. We have constitutionalism consisting of a spirit of secularism and equality of justice to all citizens of India. The notion of the Uniform Civil Code under Article 44, an essential directive principle, always requires due attention of the government to protect gender equality. The question as to the applicability of triple talaq among Muslims has been judged by the judiciary many times. But the issue is still unchanged, and the position of Muslim women is critical. Lack of proper legislation and social awareness, the status of Muslim women has become lousy. Even the whole Muslim community does not allow the practice of triple talaq only the Hanafi school of Sunni Muslims exercises it unrestrictedly. There is no recognition in favour of triple talaq found in the Holy Book Quran, and no evidence of such practice was given by The Prophet anywhere.

Keywords
triple talaq, gender equality, uniform civil code, Muslim personal law, Hanafi school of Sunni sect
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