Talaq refers to the rejection or repudiation of marriage according to Muslim law. Talaq gives a man the unilateral right to divorce his wife. After reaching puberty, a husband can grant talaq to his wife at any time without giving any reason. According to Islamic law, a Muslim husband cannot divorce his wife during the iddat period (4months, 10days).
Divorce can be granted under Islamic law in many ways. You can dissolve a Muslim marriage by one of the four or any other method.
By mutual consent
By judicial separation pursuant to the dissolution of the Muslim Marriage Act (1939).
Talaq, or divorce, is a method of ending a marriage. Both spouses have a natural marital right. These days, divorce is accepted in nearly all religions and forms of society. The law also recognizes it. It is still considered one of the most hateful things in some religions. This is because marriage is considered the holiest tie in the human race, particularly in countries like ours. There are many different divorce laws. Some religions use the same legal procedures while others have their own customs and traditions that dissolve matrimonial bonds.
When the husband pronounces “Talaq talaq, Talaq, Talaq”, the marriage is automatically ended at that moment. Muslims follow their own laws and practice triple talaq. Both spouses are exempt from one another when a husband pronounces “I divorce you” three times to his wife. This is when a husband grants divorce to his spouse. Talaq-ebiddat is a sinful divorce, where the husband pronounces talaq thrice to complete the divorce process. Triple Talaq is the name given to the pronouncement of talaq three times.
Hanafis (Sunnis), who consider talaq a sinful form of talaq allow triple talaq and make it valid. After talaq has been pronounced three times, the wife will be legally divorced from her husband. The husband can’t marry her again after talaq has been pronounced thrice. He is prohibited from marrying her again. Muslim law also allows for remarriage. Husband may remarry her if she marries another person and that person gives her divorce. Only then can the husband remarry her again. Triple Talaq, mental cruelty against Muslim women, is when a husband can give talaq at all times except during the iddat period. Also, it’s possible to do so without giving any explanation.
A bitter truth that must be acknowledged, given India’s social and historical history, is the fact that women are considered the inferior gender. Women are discriminated against by society, and this is true even today. Society never gave importance to a woman’s opinions, beliefs, rights, or choices. Instant Triple Talaq is one example. According to the author, divorce is one of the most important decisions in a person’s life. It affects both spouses equally and the so-called inferior gender does not have any say.
Talaq is a Muslim term for the dissolution of marriage. However, every divorce should be reached by both spouses. The divorce process should begin after husband and wife have reached an agreement. Sunnis follow triple talaq, a concept of Muslim personal law. This gives the husband the right to divorce his wife for any reason. The Hon’ble Supreme Court is currently hearing cases to invalidate triple talaq because it violates women’s fundamental rights. Women are not toys that can be torn apart for the sake of marriage. Triple talaq is therefore unconstitutional.