Triple Talaq in India: (A Study with Special Reference to Shayara Bano Case, 2017)

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2018

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Central University of Punjab

Abstract

The agenda of the Triple Talaq is very sensitive among the Muslims across the world including India. The Holy Quran contains the different provisions of talaq. It is provided in Quran that Triple Talaq can be given in three instalment procedure period i.e. after first pronouncement next pronouncement has to be made in next month and the third in third month during the menstrual period of a wife (Tuhur). In spite of having stated provision of triple talak in Quran, instant triple talak has been permitted, which end-ups the marital life in a single step without providing any opportunity to rethink upon the decision. The practice of immediate triple talak is mainly common among Sunni Muslims and is consider to be valid. Yet, the Muslims scholars call it talaq-e-Bidat. The unwanted cases of some Muslims women's instant talak have took the attention of the worldwide i.e. by mail, over the telephone, and even through mobile phone text messages. This work focuses upon the different theories of divorce prevailing in the contemporary Muslims world and upon the restraints imposed by the Islam over the exercise of husband's power to talaq. The dissertation work critically appraises the innovative triple divorce by examining whether it is sanctioned by the Holy Quran or the Sunnah and if there is a consensus of opinion (ijma) on the effectiveness of triple divorce.

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Shehnila (2018) Triple Talaq in India: (A Study with Special Reference to Shayara Bano Case, 2017)