Law Minister Ravi Shankar Prasad is likely to present ‘Triple Talaq’ bill on December 28. The draft bill is named ‘The Muslim Women (Protection of Rights on Marriage) Bill 2017.’
Supreme Court had pronounced judgment on August 22, 2017 that if the husband pronounces triple talaq at one go it will be deemed ineffective and it would not have any effect on the marital life. In the light of law, triple talaq is an ‘inappropriate’ word, which slipped from the tongue. In the light of SC judgment such a talaq is not valid and has no value.
This judgment of the Supreme Court has landed the Muslim community in trouble. As per the court order one or two talaq are applicable but third talaq is ineffective, whereas as per shariah, relation of husband and wife ends after third talaq and living together is haram for them. Thus Muslim society will be in dilemma as they have clear borders of halal and haram.
If a couple follows the judgment of Supreme Court and lives together it is wrong and haram as per shariah. The court didn’t consider that such a decision will land Muslim in dilemma and contradiction.
Now the union minister of law through new draft bill has declared the ineffective and invalid talaq as criminal act. The question is if according to the SC decision the triple talaq is ineffective then where is the need to bring strict legislation to stop that. Secondly as per the bill the responsibility of bringing up three children will lie on the husband. Now if after triple talaq the wife knocks the door of the magistrate and the husband goes to jail for three years then how can he bear the expenses of wife and children being in jail.
Thirdly when the husband comes out of jail after three years and as per Supreme Court’s decision the wife will still be his wife, then can it be practically possible for him to keep the woman as his wife who landed him in jail for three years.
Another aspect of the bill which needs attention is that nikah is a civil issue but the talaq will become criminal act as per the bill. Making civil issue as criminal is not right and needs to be discouraged.
When Supreme Court has made triple talaq ineffective and there is no separation, neither it is a wrong thing, nor any violent act, it is not even considered an abusive word, then how the person who pronounced it could be entitled to criminal punishment.