Abstract

In this examination we will be analyzing the Triple talak Judiciary as well as customs. As we all know in Islam Divorce often takes so many forms. The old categories that are described for divorce from the side of legal reforms are talaq that can be performed the repudiation from the side of the Husband, Khula which can be said as the buying of the freedom of wife as well as mubarat that is done with the permission of both the sides. The rules and regulations that are in relation to divorce has been always in the governance of the Sharia, as according to the interpretation of the traditional as well as old Jurisprudence of the Islam. However, the practices that are done mostly don’t match with the real soul as well as spirit of the Islamic community. Although Quran has been egalitarian as well as justice its cornerstone, but the idea of gender inequality that has been followed by the pre-Islamic times in regards to the divorce are still been followed by the people as well as are still existing in vogue. With the help of all the reasons, especially women are the communities that will be vulnerable. Triple talaq has been facing so much of criticism as well as controversies and debates on its account that this practice is correct or not. The criticism that it has to face has been completely on the aspects of gender inequality, human rights as well as justice that should be given to every gender. The India Supreme Court in the judgement that is being considered as landmark in the year 2017 on August 22, stated that the exercises that are related to triple talaq are non-constitutional as well as it does not fall under the supervision of the constitution as well as gave the Government of India power to perform the process of legislation in regards to these issues. Since, the practice that was banned by the Supreme Court of India was that the version in which the Husband speaks the phrase talaq three times and ultimately the bond of marriage breaks.

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