PREPARED BY: Y.

ROBERT

TALAQ-UL-BIDDAT

MEANING OF TALAQ:

“A talaq is valid even though it is uttered in sport or

jest or inadvertently or by a mere slip of the tongue
or even by mistake or carelessness (but that) a talaq
pronounced in sleep would not be valid....
“A talaq may be pronounced to take effect on the
happening of any contingency or the fulfillment of
any condition or at a future time.”
 Modes of Talaq / Unilateral Talaq – Following are the
different modes by which Talaq is
pronounced.
1) Talaq-al-Sunna ( i.e., conformity with the dictates of
Prophet). Talaq al Sunna is again
classified into two classes :
i) Talaq Ashan (The most approved)
ii) Talaq Hasan(Approved)
2) Talaq-al-Biddat ( i.e., of innovation, therefore not approved)
i) Three declarations(the so-called triple divorce) at one time, or
ii) One irrevocable declaration(generally in writing).
1) Talaq al-Sunna(Proper Talaq) – Talaq al Sunna (Sunnat)
means a talaq which is in
conformity with Sunnat i.e., the tradition of the Prophet. In
Talaq-ul-Sunnat, the husband has
an opportunity to reconsider his decision and has the option to
revoke it.
Talaq-ul-Biddat or Talaq-I-Badai :- Biddat (or Bidat)

Talaq-ul-Biddat means disapproved, wrong

innovation or to some extent forbidden. This is called ‘instant
triple talaq’. This form of talaq was
allowed by second Caliph of Islam, Umar. Talak-e-biddat could
be pronounced by two ways:
i) In the first form, three pronouncements are made in a single
tuhr, either in one sentence, e.g.,
‘I divorce thee triply or thrice’ or in three sentences, ‘I divorce
thee, I divorce thee, I divorce
thee’. Such a talaq is lawful, although sinful, in Hanafi Law; but
in Ithna Ashari and the
Fatimid laws it is not permissible. This is called ‘al-talaq al
bain’, irrevocable divorce.
ii) Another form of the disapproved divorce is a single
irrevocable pronouncement made either
during the period of tuhr or even otherwise. This form is also
called ‘at-talaq-al-bain(also
called ‘talaq-e-bain’ or ‘bain-talaq’ ) and may be given in
writing. Such a ‘bill of
divorcement’ comes into operation immediately and severs the
marital tie. This form is not
recognized by the Ithna Ashari or the Fatimid School.
o This kind of divorce becomes irrevocable immediately at the
option of Husband.
 Latest Amendment in Talaq-e-Biddat (Triple Talaq) :-
Shayara Bano, a 35-year-old who
recently moved SC seeking a ban on instantaneous triple talaq.
She thus becomes the first
Muslim woman to challenge a personal law practice, citing her
fundamental rights.
 The Muslim Women (Protection of Rights on Marriage)
Bill, 2017 was introduced in Lok
Sabha by the Minister of Law and Justice, Mr. Ravi Shankar
Prasad on December 28, 2017.
 The Bill makes all declaration of talaq, including in written
or electronic form, to be void (i.e.
not enforceable in law) and illegal. It defines talaq as talaq-e-
biddat or any other similar form
of talaq pronounced by a Muslim man resulting in instant and
irrevocable divorce. Talaq-ebiddat
refers to the practice under Muslim personal laws where
pronouncement of the word
‘talaq’ thrice in one sitting by a Muslim man to his wife results
in an instant and irrevocable
divorce.
 Offence and penalty: The Bill makes declaration of talaq a
cognizable and non-bailable
offence. (A cognizable offence is one for which a police officer
may arrest an accused person
without warrant.) A husband declaring talaq can be imprisoned
for up to three years along with a fine.
 Allowance: A Muslim woman against whom talaq has been
declared, is entitled to seek
subsistence allowance from her husband for herself and for her
dependent children. The
amount of the allowance will be decided by a First Class
Magistrate.
 Custody of minor children: A Muslim woman against
whom such talaq has been declared, is
entitled to seek custody of her minor children. The
determination of custody will be made by
the Magistrate.
 In Shayara Bano v/s. Union of India, 22nd August,2017 –
The Hon’ble Supreme Court held
that it is clear that this form of Talaq is manifestly arbitrary in
the sense that the marital tie can
be broken capriciously and whimsically by a Muslim man
without any attempt at
reconciliation so as to save it. This form of Talaq must,
therefore, be held to be violative of the
fundamental right contained under Article 14 of the Constitution
of India.