The debate over ‘Triple Talaq’ refuses to settle down . All India Muslim Personal Law is strongly opposed to any kind of interference in what it calls the personal matter of Islam . Lately, the board has expressed its disquiet over a flurry of pleas in Supreme Court seeking constitutional validity of Triple Talaq. Even the central government told the apex court that it wants to put an end to the age-old practice and even posted a questionnaire whether uniform civil code be implemented in India. The board, on the contrary, has argued that any interference with their Family law would be direct violation of fundamental rights of Muslims. What is more surprising is that as many as 22 Muslim majority countries have abolished Triple Talaq but the practice continues in India thanks to the country’s rules protecting Muslim, Christian and Hindu communities following religious law.
An Allahabad High Court judge last year described the practice as “monstrosity,” and added that triple talaq “is a cruel and most demeaning form of divorce.”Prime Minister Narendra Modi has also expressed his opposition to Triple Talaq. Referring to the issue, the PM had said,” What is the crime of my Muslim sisters that someone says talaq over phone and her life is destroyed.”
Here we have compiled a list of important countries where Triple Talaq has been banned.
Pakistan held the customary triple Talaq illegal back in 1961. Under Muslim Family Law Ordinance, “In order to obtain a divorce, a husband had to send a written notice to the chairman of the local council with a copy to his wife. But the divorce will not be effective until the expiration of a waiting period of 90 days, which will be utilized to constitute an arbitration council for the purpose of bringing about a reconciliation between the parties.” The law also says the wife can remarry her husband after divorce.
Iraq was one of the first Arab countries to replace Sharia courts with government run personal status courts. Under the Under the 1959 Iraq Law of Personal Status, both spouses have a right to demand separation when dissension arises. Three verbal Talaqs pronounced at once will counted as only one divorce.Additionally, the court can probe the reasons for dissension. The court is allowed to appoint two arbitrators for reconciliation, following on their reports, the court passes the verdict.
The Tunisian code of personal status 1956, clearly states that a husband cannot unilaterally divorce his wife without referring the matter to a judge and with explaining the reason for his divorce. Also the marriage and divorce matters come under the ambit of state. A court-directed attempt for reconciliation is mandatory.
Egypt was the pioneer in reforming its marriage law. Country’s divorce system was changed back in 1929 on the basis of interpretation by 13th century Islamic scholar In Taiymiyyah. According to the the scholar,” 3 pronouncements of the word ‘talaq’ in one session equals only one. Also, saying ‘Talaq talaq talaq’ in one go accounts for one of the three steps in the process.” Also there is a 90-day waiting period after the first step.
5) Turkey and Cyprus
Turkey, the original home of the Islamic caliphate, abolished the Islamic laws of marriage and divorce (grounded in the Quran) in 1926 under the leadership of Mustafa Kemal Ataturk. It was replaced by the modern Swiss Civil Code (a highly progressive Civil Code in Europe).Ataturk adopted a slew of progressive social reforms including the acknowledgment of equality of the sexes, civil marriage and divorce, abolition of polygamy and unilateral repudiation. This civil code was adopted by Cyprus as well.
6) Indonesia: Under the marriage law of 1974, Divorce may only be executed before a court session, before the district court for Non-Moslems and before the religious court for Moslems. Therefore, either one of the parties wanting to divorce needs to file a divorce petition to the court. A marriage annulment can only be decided by a court of law.
7) Algeria: In Algeria also, Divorce can only be given by the court, after an attempt at reconciliation has been made. The reconciliation period cannot exceed the duration of three months.
8) Bangladesh: The new law was continued in Bangladesh after it cessation from Pakistan in 1971.