Triple Talaq Research Articles

The Practice of Triple Talaq and Women's Protection in Aceh: A Maslahat Perspective

The Practice of Triple Talaq and Women's Protection in Aceh: A Maslahat Perspective

ANALYSIS OF IMAM SYAFI'I OPINION ON TALAK BA'IN QUBRA AND ITS IMPLEMENTATION IN THE LAW. NO. 1 OF 1974

This article discusses the conflict between Imam Syafi'i's opinion and the Law. No. 1 of 1974 concerning triple talaq. Imam Syafi'i is of the opinion that triple talaq cannot be referred to again, whereas the law and KHI provide confirmation that divorce only occurs in front of a court hearing. In conducting this research, the author used a type of library research where the types and sources of data used were primary and secondary. Primary data consists of scientific work that is directly related to the main research theme, while secondary data is supporting data. After carrying out a long process, the results of this research show that Imam Syafi'i's opinion regarding Ba'in Qubro talak is not relevant for use in Indonesia, because in reality its implementation uses the basis of law. No. 1 of 1974 and the Compilation of Islamic Law, which clearly explains that there is no legal power for people who have triple divorced outside of court, even though they have been triple divorced, there will still be mediation efforts to reconcile, according to the orders of the Law. No. 1 of 2016 concerning mediation and the divorce pledge only exists before the court.

Muslim Women’s Activism in Indian Politics

Triple talaq, or instant divorce, is a contentious Islamic legal practice that permits a husband to end a marriage by swiftly repeating the word "talaq" (divorce) three times. Discussions on this practice have been triggered by legal, social, and gender views. Legally speaking, there has been much debate over the legitimacy and constitutionality of Triple Talaq. Some contend that it is a basic freedom guaranteed by religious liberty, while others see it as discriminatory and against the rights of women. In this continuing debate, the Indian Supreme Court's historic ruling in 2017 that declared Triple Talaq illegal was a major turning point. Triple Talaq has significant social ramifications for women's empowerment and family dynamics. Critics contend that it exposes women to financial and emotional risk, which frequently results in poverty and social exclusion. On the other hand, advocates argue that it offers a quick fix for unworkable marriages, even if it comes at the price of women's independence. The intricacies underlying Triple Talaq are further clarified by gender viewpoints. Some contend that it upholds unequal power dynamics in marriages and patriarchal traditions, while others say that human agency and cultural factors need to be taken into account. It takes a sophisticated examination of overlapping elements like human rights, tradition, and religion to fully comprehend Triple Talaq. This paper examines the complexities of the Triple Talaq dispute and emphasizes the need for all encompassing strategies that take into account its legal, social, and gender dimensions. The paper examines two cases of Muslim women’s activism in defiance of triple talaq.

Religious Practice Assessment: An In-Depth Analysis

To interpret the religious freedom provisions, the Supreme Court of India created the Doctrine of Essential Religious Practises, or "ERP." In its techniques and tactics, the ERP doctrine fosters gender discrimination, making it a dysfunctional legal dynamic that is contributing to a process of de-secularization, according to the report. A different normative approach is also proposed in the study. A model that achieves constitutional morality may be the one recommended by the author to be used in the interpretive endeavour. The model will examine constitutional meaning to situate the harmonious vision that the judiciary has failed to accomplish in its repeated attempts to resolve disputes between claims of religious nature. The issue in the context of gender will become clear through the doctrinal study of recent decisions via the theoretical lens of constitutional principles. This essay examines the Supreme Court's Doctrine of Essential Religious Practises and Religious Freedom clauses as a means of interpreting religion's reach, bounds, and potential for differentiating religious from secular beliefs. It also demonstrates how these analyses are not focused on advancing the cause of gender justice. The Triple Talaq case, despite its honourable conclusion, will be examined to highlight the detrimental effects of the ERP philosophy.

How Triple Talaq Violates Fundamental Rights of Muslim Women

Generally human rights are equated with more freedom and progress. However it becomes pertinent to note that conferring rights do not always result in emancipation. The major reason behind this exclusionary nature of human rights is the universal assumption on which it is based. The darker side of human rights most apparently manifests itself in case of women as they are caught at the intersection of community identity and the narrative of modernity. One such universalistic subject is the image of a thoroughly victimised Muslim women who is in need of protection through the liberal rights discourse. The current debate around triple talaq, centred on the Sharaya Bano and several batches of petitions as well as Supreme courts own suo moto PIL considers certain aspects of Islamic personal laws which amount to gender discrimination and hence violates the constitution misses the point of intersectionality. As per the liberal understanding of rights for empowerment of women we need to subordinate the category of religion and culture. However constitutional rights would remain a dead letter if we do not understand the manner in which identity politics unfolds especially in case of women. The whole triple talaq issue has become a battleground for the culture versus mordernity debate. It is important to realize that women’s experiences cannot be understood in these reductive binaries as “she” is produced from the very power relations which subordinate them. 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 to triple talaq which should be followed instead of resorting to a confrontational approach which may become hegemonic to Muslim women themselves. The author shall advocate that taking cue from third wave feminism, the identity of Muslim women must be understood at the intersection of gender and religion.

The Muslim Women (Protection of Rights on Marriage) Act, 2019: A Law with A Hollow Scheme

The fight of Muslim women in India is a crusade of rights. They have often remained a puppet in the name of “Women’s rights”. The major reason behind this is a lack of shrewdness of those women who give green signal to shallow and superfluous rights by victimizing their eternal rights. One such recent example which has been a subject of controversy is victimized Muslim women who assuredly need protection through the liberal rights discourse but are bestowed the insignificant rights through the currently enacted, The Muslim women (Protection of rights on marriage) Act, 2019. This Legislation has been highlighted as social reformation for married Muslim women which ensures Gender equality and helps promote married Muslim women’s fundamental rights and their empowerment. To the contrary, this act shows red eye towards Muslim husband by criminalizing the pronouncement of triple talaq. This paper explores the issue of criminalizing private conduct under the shade of Jurisprudence which determines State’s limit to regulate private behaviour. Furthermore, it advocates reviving the identity of Muslim women by unveiling the repercussions of the provisions of the Act. It further efforts to solve the issue of triple talaq by taking it to the plane of ‘Individual Autonomy’. The present research is descriptive in nature based on secondary data.

Judicial and Statutory Bans on Triple Talaq

Triple Talaq is a type of marriage disintegration in Muslim Law, whereby a spouse can give the divorce to his wife by expressing Talaq multiple times in a single line. The presence of spouse isn't required; she can be given Talaq without doling out legitimate explanation. The expression "Talaq" alludes to the revocation of marriage by spouse under Muslim law. The act of triple Talaq has been winning since old occasions in India. Previously, the Hon'ble Supreme Court heard the Petition for boycott of training of Triple Talaq through a Constitution seat including 5 Judges from various religions. Here we are making an in-depth study on provisions of Talaq and its effects in our society especially on Muslim women.

REKONTEKSTUALISASI PENJATUHAN TALAK TIGA DALAM BINGKAI NEGARA INDONESIA

This study discusses the law of three divorces in one word or one assembly which often occurs in Muslim societies. The basis used as a reference is the hadith of the Prophet SAW and Fiqh. As a rule of law country, Indonesia has provided rules for the implementation of divorce as stipulated in Law No. 1 of 1974 concerning Marriage, Law No. 7 of 1989 concerning the Religious Courts, and the Compilation of Islamic Law. The substance is that divorce can only be carried out before a court hearing. However, there are still many practices that occur in society imposing triple talaq on a wife in one word or one assembly. This research is library research with a qualitative approach. The results of this study, that the imposition of divorce with one word or in one assembly needs to be reconstructed in understanding hadith and Fiqh as a form of ijtihad with various approaches within the framework of a rule of law that realizes the goals of the law itself.

Changing Dynamics of Gender Biasness and Laws in India vis-a-vis Uniform Civil Code

India is a multi-religious nation with male-centric laws since beginning, because of the patriarchal notion of the society. Due to existence of different religions, there are different personal laws governing them dealing with family and proprietary issues. These personal laws include the lawfully recognized customs, which are gender-bias, few of them got repealed with time while some still exist. One landmark example is the recent abolition of Triple Talaq issue, a totally male-centric heinous custom, taking away liberty of woman. Yet, there has been a minor improvement in gender equality in recent years. When it came to women's economic involvement and opportunities, health and survival, and rankings, it was still at the bottom. This indicates that women are still underrepresented in public spaces and that majority lack stable employment. Even while India has witnessed important rulings in recent years that promote greater gender equality, the key question remains: Have gender perceptions actually evolved in our nation? We need to understand the changes in Indian society's attitudes regarding traditional gender roles, types of opposition these changes may encounter, and what may be done to make these changes even more pronounced. Most personal laws are unwelcoming and inconsiderate to the requirements of women. Although the Indian Parliament has frequently worked to remove discriminatory provisions from personal legislation, yet there is still no fairness in how these civil rights are applied. For many years now, women have been the victims of countless crimes against humanity, social injustices, and cultural standards in the context of family, the workplace, and other spheres. The Uniform Civil Code, which would grant women equal rights and equitable treatment while removing long-standing conventions that are no longer relevant in today's society, is considered to be one of the key tactics for promoting gender equality in real sense.

Perceptions Regarding Triple Talaq among Literate and Illiterate Muslim Women: A Comparative Study

This paper intends to unravel the idea, the history, the theological understanding and the socio-cultural influences on the idea of “Talaq” in general and “Instant Triple Talaq” in particular. The paper also unearths the possibilities of the misuse, misinterpretation and politicization of the concept which have taken place at various historical junctures. At empirical level, the paper attempts to draw the attention toward the perception and opinion of the Muslim women through the structured questionnaire regarding the Instant Triple Talaq and Triple Talaq Act enacted by the Government of India. The study focuses on how the existing power structure in the Muslim community and the deeply rooted cultural practices that in a way were antithetical to the basic Islamic beliefs have shaped the lives of Muslim women in India. The study does not find the Triple Talaq Act passed by Indian parliament as something constructive, rather regards it as interference on part of state institutions into the religious affairs of a particular community. The study finally draws a parallel between the literate and illiterate strata of Muslim women and their perception toward the Triple Talaq Act.

THREE TALAQ AT ONCE IN DIVORCE ACCORDING TO THE UNDERSTANDING OF HADITH

Marriage life is a goal that is highly prioritized in Islam. However, at a time in human life when it is impossible to continue a close relationship with one's partner, then what is the goal of marriage ends in the middle of the road and divorce occurs. This research This research is a type of library research. Data sources are fiqh books, books, and studies in various media that discuss triple talaq at once. The data analysis technique in this research is qualitative with deductive reasoning, namely a thinking method that applies general things first to be connected in specific parts. Triple talaq is a type of talaq that cannot be referred to and cannot be remarried unless the marriage takes place after the ex-wife marries someone else and then a ba'daldukhul divorce occurs and the iddah period ends. In Jurisprudence, if the husband has uttered the word talaq even outside the court against the wife then it is said that talaq has occurred. Triple talaq at once, when viewed in the current context, tends to be less relevant, because the current talaq must go through a judicial process and procedure.

Of Marriage, Divorce and Criminalisation

In India, where religion-specific laws govern issues of marriage, divorce, maintenance, adoption and inheritance, the family laws of Muslims – the largest religious minority – have been a thorny issue in the post-independence period. In recent years, the major intervention in Muslim personal law reform came in the form of the invalidation of instant divorce or triple talaq by the Supreme Court of India. Subsequently, a law was passed that criminalised it. By delving into a close examination of recent judicial activism and by drawing on our ethnographic work with Muslim women in India, we show that it is only by refocussing the debate from judicial discourse to legal practice that the trope of Muslim women’s victimhood and the tired debates about religious freedom versus citizenship rights can be questioned and bypassed.

Representation and Legitimacy in the Supreme Court: Adjudicating Law and Religion in India

This article presents the argument that the Supreme Court of India’s jurisprudence on procedural bars to litigation is insufficient to address challenges that arise in cases involving religious rights. Examining the Court’s views on standing (the right to litigate) in three key public interest decisions (the Sabarimala Temple case, the Ram Janmabhoomi case, and the triple talaq case), I argue that the Court has privileged a discretionary, ends-based reasoning over an approach based on principle and law, resulting in erratic and inconsistent outcomes. The result is an uncertain level of protection to minority rights in judicial processes.

Controlled empowerment of women: intersections of feminism, HCI and political communication in India

Twitter played a dominant role during the 2014 general elections in India, ushering a right-wing party into power. Political leaders employed Twitter to augment their public image and push right-wing campaign agendas to millions of followers. A prominent and strategic use of Twitter was credited to Prime Ministerial candidate Narendra Modi, portrayed as a visionary leader supporting economic development, social empowerment and good governance. Within this narrative, women's empowerment debates underwent multiple transformations. Through this article, we aim to establish the nature of discussions lying at the intersections of feminist thinking and internet technology. We study the discursive trajectory of women's empowerment against the backdrop of a right-wing political (Hindutva) ideology playing out on Twitter. Utilising the qualitative methods of Thematic Analysis and Feminist Relational Discourse Analysis, we study two cases highlighting feminist campaigns beginning in 2014: instant triple talaq, and the Sabarimala verdict. We analyse tweets in relation to these incidents and highlight the rhetorical inconsistency of right-wing leaders and supporters. We further discuss the implications of this inconsistency for the simultaneous suppression of voices demanding empowerment and amplification of those justifying religious tradition. Finally, we conclude by introducing the idea of the ‘controlled empowerment’ of women in support of our analysis.

Instant Triple Talaq: An Another Instance of Judicial Overreach into Mare’s Nest

The ambit of Indian judiciary has been consistently expanding since the time India opted for a constitutional democracy. The past few decades have seen a considerable surge in this direction owing to the favorable atmosphere towards judicial activism especially with regards to the cases pertaining to social justice. Instant triple talaq is the latest instance whereby judiciary has chipped away this time at Personal Laws in the guise of gender justice. Such forays of the judiciary into unknown territories is leading to all kinds of complicated situations from blaming judiciary as being the vehicle for left-leaning intellectuals/agenda to being the carrier of right wing communal agenda behind the curtain of pursuing justice while the pressing issues such as pendency of cases has been eating the trust between judiciary and people like the termites.

Sharia, Legal Pluralism and Muslim Personal Law: Ethnographic Lessons from the Mahallu System of Malabar, India

Contemporary public as well as academic discourse on personal law in India has over the years engaged with the issues of its inadequacies, judicialisation and uniformity. This discourse has paid scant attention to the functioning of the law and the complexities of a multicultural nation-state committed to the idea of political secularism. This paper engages with the mahallu system of Malabar and sheds light on how decision-making in Muslim personal law is a process embedded in quotidian micro-politics, sectarian dynamics, social censure and affect. By tracing a triple talaq case in its ethnographic details we show that love (or lack of it), kinship expectations and community authority come together in resolving a conjugal dispute that does not lead to a straight path of legal interpretation but into a labyrinth of micro-politics of local religious factions and authority. The paper shows that the non-state quasi-legal institutions that come under the rubric of the mahallu system comprise of a particular kind of legal pluralism which is complex and replete with multilayered relations of power. This also brings to fore the binary and the play between what is considered to be legal and legitimate.

BAKABUANG PHENOMENON IN MINANGKABAU SOCIETY: A COVERT HUMAN TRAFFICKING ACTION

Bakabuang , more commonly known as cino buto , is a traditional yet destructive custom that is still practiced by the Minangkabau people by which an informally divorced couple may reconcile. This study aims to analyze the understanding of the bakabuang custom and its impact on women and children, while exploring the role and function of Tungku Tigo Sajarangan [community leaders] on the custom of bakabuang in the Minangkabau culture. This research uses a qualitative approach employing interview data, observation, and documentation. Data sources are ex-husbands and ex-wives, kadi [marriage guardians], community members, and traditional and community leaders. The results showed that bakabuang was one option offered to a married couple to reconcile after the husband had pronounced Triple Divorce / Talaq-e-Biddat / Triple Talaq [an instant irrevocable divorce that is not necessarily analogous with judgments and perceptions of Islamic scholars or jurists]. Bakabuang is usually done at the requests of children, families, and often, the couples themselves. The findings further showed that the community does not recognize that bakabuang is prohibited nor violates Islam's foundational teachings. Some claimed that bakabuang is an acceptable solution in Islam for married couples who want to reconcile but have already executed a Triple Divorce. It was also found that the impact of such practices is detrimental to women and children as most Ninik Mamak [clan leaders or elders] are aware of the bakabuang tradition. Yet, they are powerless to stop it on account of social repercussions if the practice is banned. Just as the Ninik Mamak cannot do much in responding to bakabuang , scholars are powerless; they can only convey the negative impact of bakabuang . The study recommends that the bakabuang tradition be considered a crime against humanity and classified as covert human and sex trafficking of women by the Minangkabau people of West Sumatra, Indonesia.

Islam, Fatwa dan Negara: Meretas Pluralisme Hukum Perceraian di Aceh

The pluralism of divorce in Aceh has had an impact on the current practice of divorce. Fatwa, Jurisprudence, and the State also color the pluralism of divorce law, each of which has a normative and sociological power base. The Aceh MPU's fatwa tends to legitimize divorce regulated in fiqh books while the State has a different view of divorce law. This paper is a doctrinal study with a legal pluralism approach. This article argues that in substance there is a significant difference between the divorce provisions in the fatwa, fiqh, and state law. Fatwa and fiqh share the same view that divorce without witnesses and taking place outside the court is still valid, as well as triple talaq, whether pronounced cumulatively or separately, is still subject to triple talaq, this provision is different from divorce law which is regulated by the state and practiced in religious courts.

A Majoritarian View of ‘Gender Justice’ in Contemporary India: Examining Media Coverage of ‘Triple Talaq’ and ‘Love Jihad’

This paper explores media coverage of instant ‘triple talaq’—a form of divorce practised by some Indian Muslims—and ‘love jihad’—a supposed trend of Muslim men coercing Hindu women into conversion and marriage. The Hindu Right position itself as champions of gender justice in the context of outlawing instant triple talaq, but in discussions of ‘love jihad’ sideline women’s rights (to choose their own religion and spouse) and focus on national security. This reveals the strategic use of women’s rights by the Hindu Right to further entrench its imagination of a secular Hindu nation threatened by the Muslim man.

Criminalisation Without an Object: Critical Reflections on the Muslim Women (Protection of rights on Marriage) Act, 2019

The invalidation of triple talaq by the Supreme Court of India triggered the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The paper demonstrates the superfluous and arbitrary nature of the Act in light of the Supreme Court’s decision to strip triple talaq of its power to repudiate a marriage. Drawing from the rich and varied theories of criminal law in Anglo-American legal discourse, the paper argues that the criminalisation of triple talaq lacks theoretical foundation and is wholly unjustified. Finally, the paper sets the criminalisation of triple talaq within the context of the social and material vulnerabilities of Muslim women, and the political dominance of the right-wing Hindutva in India, arguing that it is likely to cause significant harm by exposing India’s Muslim minority further to the State’s coercive powers. For these reasons, the criminalisation of triple talaq requires urgent reconsideration.