Union Cabinet clears Bill on instant triple talaq

Frederick Owens
December 16, 2017

The Union Cabinet met on Friday afternoon and cleared legislation for the same, and the new Bill is expected to be tabled in this Parliament session itself.

The Supreme Court, in its ruling in August, had declared the practice of instant triple talaq or Talaq-e-bidat unconstitutional and void.

Almost four months after a Constitution Bench of the Supreme Court deemed it as unconstitutional, the Union Cabinet has cleared a Bill to criminalize the practice of instant Triple Talaq, according to news reports.

The law making instant triple talaq illegal will be applicable everywhere across India, with the exception of Jammu and Kashmir.

Instant triple talaq in any form - oral, written or electronic form - has been banned and made a cognisable offence. The offender will attract a jail term of three year and a fine.

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The said woman can pursue to have the custody of her minor children and the magistrate would have the final word on the matter. Citing government sources, The Hindu added that after the judgement by the apex court, there have been 67 cases of triple talaq reported across the country. Furthermore, since such talaq will not be considered legally valid, a Muslim husband will continue to be bound by legal obligations to his wife. According to PRS Legislative Research, the bill will give women the right to seek maintenance in case of Triple Talaq.

Interestingly, some renowned Hanafi scholars have also ruled against concurrent or triple talaq.

The All India Muslim Personal Law Board (AIMPLB), a non-governmental body which oversees the application of Muslim personal law, opposes any ban on "triple talaq" and argues this is a religious matter and not for the courts.

He also noted that the existing secular legislation had sufficient provision in the law that ensures that Muslim women are not subject to destitution and social exclusion.

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