Getting a divorce is known in Islam as talaq. If the husband says this word 3 times, he will be divorced– that’s all. He just has to wait for three months to see if he still wants to be divorced. After this time period, if he still wants to be let out of his marriage he can. The process works totally different for a woman. If the will and wants to know how to get a divorce she must do the following. She must take her husband to court and present her case and circumstances. If the circumstances meet certain criteria she will be granted the dissolution of the marriage
India has one of World’s biggest Muslim populations, however unlike most other Muslim-majority nations; India has been slow in banning instant triple talaq. In Muslim countries like Pakistan, Bangladesh, Egypt, and Indonesia, this practice has been banned for years.
One of the saddest sticking points in the world today is the status of Muslim women. How sad that they are subjected to archaic laws and nothing can be done about it. The fact is that in India 92% of the Muslim women wanted triple Talaq to be abolished.
Fortunately, Lok Sabha recently approved the Muslim Women (Protection of Rights on Marriage) Bill or Instant Triple Talaq Bill, 2017 which bans for instant triple talaq and doing so will lead to the jail of up to 3 years along with fine.
This bill intends to ban triple talaq or Talaq-e-biddat and criminalizes such practices, declaring it a punishable offense for guilty husbands. This proposal has been opposed by various parties who are demanding its elimination.
The govt. explained that it was crucial because even subsequent to the milestone Supreme Court judgment on 22nd August 2017, that outlawed triple talaq, this practice continued without any reduction in intensity. In its decree, the court had put a ban of 6-months on instant triple talaq and had urged the govt. to construct a law on instant triple talaq.
The debate around instant triple talaq begins from how it is practiced in present-day society. According to Islam, the husband must reflect on his decision of talaq for a time period of 3 months after he first announces talaq. Divorce will only be granted when the remaining 2 “talaqs” are said.
The 3 month time period is supposed to allow for contemplation and counseling between the husband and the wife.
In reality, however, a woman is often forced to leave her husband’s home with zero or little notice. In the worst case scenario, talaq was also delivered via phone, text or email.
Despite protests from some of the political parties, the Lok Sabha has passed the Bill that makes talaq-e-biddat or instant triple talaq a criminal offense, with an imprisonment period of up to 3 years.
This proposed law shall be valid in entire India, except in J&K. This law is aimed to make instant triple talaq a punishable, a cognizable and a non-bail-able offense.
