Triple Talaq – A Gender-Based Violence/Biasness: In Lieu of Quran and Triple Talaq Act 2019

Abstract

Gender based violence or biasness refers to any kind of physical, sexual or psychological impairment. One of the such psychological harm meted out to the Muslim women of Bharat by means of Triple Talaq. This instant form of divorce among Muslim community is like a sword dangling on the head of all Muslim women, in which the marriage gets dissolved by just pronouncing the word ‘talaq’ thrice in one sitting by husband by any means. It let break the relationship instantly and make women helpless, whether in terms of psychology, physical or economical. To eradicate this ill practice, on various demands, Triple Talaq Act 2019 enacted. But the same act embodies certain loopholes in it, which need to be assessed. This secondary data-based analysis aims to reveal the actual procedure of divorce according to the holy book Quran, to analyze the Triple Talaq Act 2019 in depth and last, to acknowledge the gender-based violence embedded in or in lieu of both of the above literatures towards Muslim women. The paper found out that the actual procedure of divorce according to the holy book varies widely with the prevalent practice in Bharat and is also banned in majority of the Islamic countries.