Page 542 - SSB Interview: The Complete Guide, Second Edition

Hasan and Talaq-e-Biddat (triple talaq). While the former two are
revocable, the triple talaq is irrevocable. The followers of the Hanafi

School of Islamic Law in the Muslim community in India adopt this

system of divorce.

6. Ironically, wives cannot divorce husbands by means of the triple talaq.
A woman has to move a court for divorcing her husband under the

Muslim Personal Law (Shariat) Application Act 1937. (This Act was
passed to make provisions for the application of Shariat or Islamic

personal law to Muslims in India.)

Why Ban Triple Talaq?

7. The petitioners sought the ban on the practice of triple talaq on the
following grounds:

a. This practice smacks of gender bias and propagates a distinct male-

dominated society.

b. A study reveals 92% of Muslim women were in favour of the ban.

c. The practice facilitates men to seek separation arbitrarily without

assigning any valid reason or grounds.

d. The advent of technology further emboldens men to seek talaq by
using the electronic and digital medium.

e. Islamic nations like Pakistan, Indonesia and Bangladesh have
banned this practice on the grounds of religious sensitivities.

f. The practice of triple talaq is in contravention to Article 14 (Right

to Equality) and Article 15(1) which states that there shall be no
discrimination against any citizen on the basis of gender, race, etc.

g. The Supreme Court has also declared that this practice is
unconstitutional and not protected by Article 25 regarding the

freedom of religion. Also in December 2016, the Allahabad High