THIS ARTICLE WAS WRITTEN BY NAVNOOR KAUR, A STUDENT AT THE INSTITUTE OF LAW, KURUKSHETRA UNIVERSITY.

INTRODUCTION

“Of all the evils for which man has made himself responsible, none is so degrading, so shocking or so brutal as his abuse of the better half of humanity; the female sex.”

— Mahatma Gandhi

Religion is a social institution that tries to guide the actions of a person in the right direction. It aims to transform a man into a human. It teaches us to be kind, generous, fair, and just. It gives us the possibility of hope and optimism. It provides comfort to the hopeless, unhappy, and deprived sections of society. It’s a tool for harmony and peace. Unfortunately, some evil people often use religion to achieve their bad intentions. One example of this is the whimsical practice of “instant triple talaq” by a few Muslim men according to their desires and preferences.

MARRIAGE IN ISLAM

According to Islamic Law, marriage (also called nikah) is an agreement of a social and legal nature that the bridegroom and bride sign before at least two witnesses males. “Mahr” is the reason for the marriage. It can be paid in cash, property, or even movable things for the wedding bride. A wedding is a sacred covenant in Islam and is a formal contract, but it is also a holy vow. [1]In Shoharat Singh v. Jafri Begum, the Privy Council has also said that nikah, as per Muslim Law, is a religious ceremony. [2]

TALAQ AND ITS FORMS

Muslim marriages can be ended through the Talaq. “Talaq” is a reference to repudiation or divorce. Mainly there are two kinds of Talaq: ‘Talaq-ul-Sunnat’ and ‘Talaq-ul-Biddat.’Talaq-ul-Sunnat is an approved form of Talaq. There are two kinds that are ‘Ahasan’ and’. Ahasan is the most effective and most suitable form of Talaq. Ahasan Talaq is the most appropriate and effective form of Talaq. The Ahasan Talaq, where the husband declares divorce in a single sentence if his wife is in a condition in Tuhr (purity). Following this declaration, the wife must adhere to an Iddat cycle consisting of three cycles. The couple is required to avoid sexual relations during the Iddat cycle. The divorce is able to be revoked in the course of Iddat. When it comes to Hasan Talaq, the Talaq is said to the wife three times over three consecutive Tuhrs, and one pronouncement is made in each Tuhr. Talaq is able to be annulled prior to the third and final declaration. In this Talaq, the wife has to adhere to three months of Iddat.

Talaq-ul Biddat is thought to be the most savage variant of Talaq. It is also referred to for its instantaneous triple-talaq. In Talaq-ul Biddat, the husband says Talaq three times in a single go. It is effective and irrevocable once it has been spoken. [3]

WHIMSICAL USE OF TRIPLE TALAQ

The Prophet Mohammed did not advocate a talaq for which there isn’t any chance of reconciliation. Therefore, instant triple Talaq was not prevalent in the time of Prophet Mohammed. The Caliph Umar enacted instantaneous triple-talaq. He made it mandatory because a few men had created the Talaq into an amusing joke by reconciling with their wives after repeating the Talaq many times. So, triple talaqs were introduced, taking into consideration the context of a certain period. It was designed to serve the benefit of society at the moment in time. However, in recent times, it has turned into an instrument of Muslim men that they can make use of for their interests without worrying over their wives. Certain Muslim males divorce wives by writing triple talaqs on the walls of their homes; others use SMS, and others make use of WhatsApp, while others utilize Facebook. Their wives are treated like puppets whose rope is in their hands. They can tinker with it or loosen it according to their wishes. These three words have ruined many lives.