Article

Triple Talaq Vis-A-Vis Freedom of Religion | Original Article

Mohsin Khan Quadri* in Shriji Socio-Legal Journal | Law

ABSTRACT:

The atmosphere of our country about triple divorce is not disabled to anyone. First we talking on the triple divorce we must think that India is not a nation for a special cast, religion or any class. The real cause of beauty in this country is different types of colorful flowers is bloomed at the one place. According to Indian Constitution article 25 and 26, it has been assured by the government that the personal laws will not be interfered in and no act will be regulated against it. Marriage is a civil contract between husband and wife in Islam, which one can be terminated in any case, therefore whither so ever divorce described in Islam, it is also stated that when the women becomes purified from menstruation , she will get one divorce without sex. And second times becomes purified from menstruation the second divorce would be given similarly for the third and so on. On this way in the period of almost three month, husband and wife both get an opportunity to consider their life. Of course, Islam considers a sin to giving triple divorce at time but seeing in civil contract so it will be divorced. In such a situation, it is obvious that every citizen has the right to implement his own religious and social system. • The Holy QURAAN chapter no.2 verse no.230 and lots of AHADEES book ex. Dar QUTNI vol.4, BUKHARI vol.2, Muslim vol.1, ABU DAUD vol.2, is certified if someone gives triple divorce at one time then it will be divorced. So according to SHARIA triple is valid then retain the criminalization provision on triple divorce is absolutely against freedom of religion and Personal laws.

 

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