As per the official notification released by SSC (Staff Selection Commission), the word limit for an essay in SSC CGL Tier 3 is 250 words. Here is an Essay of 800+ words. The students can note down important facts and information to make use of the respected essay exam.
An Essay on Triple Talaq
Talaq is the Arabic word for divorce. Triple Talaq is also known as Talaq-e-Biddat. It can also be called instant divorce and Talaq-e-Mughallazah (irrevocable divorce). It is a form of Islamic divorce which has been used by Indian Muslims, especially some adherents of Hanafi schools of jurisprudence. This can also be called oral Talaq. Triple Talaq is the process of divorce under Sharia Law (Islamic law) where a husband can divorce his wife by pronouncing ‘Talaq’ three times.
Under this law, wives cannot divorce husbands by the means of triple Talaq. Women have to move a court for divorcing her husband under the Muslim Personal Law (Shariat) Application Act 1937. (This Act was passed to make provisions for the application of Shariat or Islamic personal law to Muslims in India.)
Types of Talaqs for Men
There are three types of divorce under Islamic law, namely, Ahsan, Hasan and Talaq-e-Biddat (triple Talaq). While Ahsan and Hasan are revocable, Talaq-e-Biddat is irrevocable. Talaq-e-Ahsan is considered to be the best form of divorce whereby a Muslim husband delivers one talaq and waits for it to become valid after three months. Talaq-e-Hasan is the second-best form of divorce, authorized by the Quran, whereby a husband delivers one talaq each month for three months. Both these forms of triple talaq are valid in India. Talaq-e-Biddat, also known as instant triple talaq whereby a husband can utter three talaqs in one sitting, was banned by the Supreme Court on 22 August.
Lately, Triple Talaq has generated debate around the rights of Muslim women. The issue of divorce, marriage, and inheritance come under the purview of the Muslim Personal Laws. India has a provision for personal laws for all religious communities.
Talaq for Woman
As per the traditional fiqh Khul’ or Khula allows a woman to initiate a divorce through the mutual consent of the husband or a judicial decree. It is also referenced in the Quran and Hadith or Hadees (Prophet Mohammed’s Sayings).
Arguments against Triple Talaq
- It goes against the rights of equality and women’s empowerment.
- It acts as a domination of men over women.
- It is biased against women interests.
- It gave men the right to arbitrarily divorce their wives without any valid reason.
- New technologies have given birth to new modes of Triple Talaq. For instance, through text messages, email, and Skype.
- It goes against Article 14 (Right to Equality) and Article 15(1). It states that there shall be no discrimination against any citizen on the basis of gender, race, etc.
- Many Islamic predominantly Muslim countries, including Pakistan have banned triple talaq.
- It does not go with the principles of gender equality, secularism, right to life of dignity, etc. as per the Indian constitution.
- The National Commission of Women says that this matter cannot be linked to uniform civil code. Nevertheless, it should be banned to protect the interests of Muslim women.
- The Supreme Court has also declared that this practice is unconstitutional and not protected by Article 25. Article 25 regards the freedom of religion.
- In December 2016, the Allahabad High Court had said that no personal law board was above the constitution.
- Experts also opine that only the essential or integral features and aspects of a religion are protected by the Constitution. Triple Talaq was not an integral feature of Islam.
Challenges in banning Triple Talaq
- Religious groups interpret the banning of a traditional practice as interfering in the religious aspects of Muslims (minorities). They believe that the present government is focused on Talaq-e-Biddat, which is already banned. It should raise voice against the other two forms of Talaq, which too are unilaterally delivered by a Muslim husband. Only the Talaq-e-Biddat, the instant triple talaq, is making controversy because the least educated section of Muslims misuses it. And they are very few in numbers.
- Many Muslim clerics say divorce and polygamy are not the main issues facing the Muslim community. They cite the Sachar Committee Report which tells that the majority of Muslims are close to the bottom of economic and educational indicators in the country.
- The courts should decide two things basically:
- Whether personal law can be subject to the constitution or not
- How to view the relationship between Triple Talaq and Muslim personal law
Some Past rulings
Here are some of the past rulings on the related issue.
Shah Bano Case
In 1985, the SC granted Shah Bano, a 62-year old woman the right to alimony from her husband.
Protection of Rights on Divorce
In 1986, the government passed the Muslim Women (Protection of Rights on Divorce) Act. It diluted the positive impact created by the Shah Bano case.
Danial Latifi & Anr versus Union of India case
In 2001, in the Danial Latifi & Anr versus Union of India case, the SC upheld the validity of the Shah Bano judgment.
The petition filed by Shayara Bano
In August 2017, a five-judge bench of the SC declared the Triple Talaq as unconstitutional in a majority 3:2 judgment. This was the culmination of a petition filed by Shayara Bano, whose husband of 15 years had divorced her through a letter where he pronounced talaq three times, to declare the divorce as void.
Conclusion
Candidates can add their own views or solutions in 2 to 4 lines in the conclusion in the end of the Essay.
Note: The tier 3 exam will be 60 minutes or 1-hour duration for 100 marks.
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