Wednesday 12 October 2016

Triple Talaq

The arguments related to the practice of 'Triple Talaq' in Muslim community always bring the debate between the religious orthodoxy and gender justice into focus. The recent petition by 'Shayara Bano'  in the Indian Supreme Court has exactly done that.

Shayara's petition argues that practice of Triple Talaq, also known as talaq-e-bidat has no foundation in the Quran and that Polygamy is not an integral part of Islam. Such practices also go against the democratic principles and often diverge from secular principles and fundamental rights provided under the constitution.

Having said that, one should not ignore the justification for such practices provided by the Muslim personal board. There is need to have a wider consensus and deliberation on the utility of the practice of triple talaq in modern society. Gender justice can not be sub served at the cost of legitimizing the validity of personal laws.

Let's attempt a question on this topic.

Question 1

Which of the following statements is incorrect with respect to the various provisions related to divorce and polygamy in different countries?

a) Practice of Triple-Talaq is illegal under the Indian Penal Code.
b) Polygamy is legal in Indonesia.
c) Polygamy attracts 2 years imprisonment for violation in Turkey.
d) Performance of 3 declarations of divorce in one sitting is invalid in Afghanistan.

Answers

1) a

Suggested Reading : The Shah Bano Case

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