THE MUSLIM WOMEN (PROTECTION OF

RIGHTS ON MARRIAGE) BILL, 2019

Presented To:- Presented

By:-
Asst. Prof. Kusum Joshi Lokesh
Gupta
(Muslim Law) Roll No. 56
 What is Triple Talaq ?

 Talaq is an Islamic word for divorce, denoting dissolution of marriage when a

Muslim man can severe all marital ties with his wife. Under the Muslim law, Triple
Talaq means liberty from the relationship of marriage, eventually or immediately,
where the man, by simply uttering the word ‘talaq’ three times, ends his marriage.
This instant divorce is called Triple Talaq, also known as ‘talaq-e-biddat’.
 
 The Muslim Personal Law (Shariat) Application Act of 1937 had legalised and
allowed the practice of Triple Talaq which gave a Muslim husband special privileges
over his wife.
OUTLINING OF POINT OF DISPUTES WERE AS
UNDER

i) Is Talaq-ul-Bida’t or Triple Talaq in the fundamentals of Mohammedan Law?

ii) Whether the Muslim Personal Law (Shariat) Application Act, 1937 provides
statutory position to the problems controlled by it or is it still protected under
“Personal Law” which is not a “law” under Article 13 of the Constitution as per
prior Supreme Court judgments?
iii) Is it secured by Article 25 of the Constitution?
 What is the Triple Talaq law?

 Triple Talaq, also known as Muslim Women (Protection of Rights on Marriage) Bill, 2019,
was passed by the Indian Parliament as a law on July 30, 2019, to make instant Triple Talaq
a criminal offence. 
 The Rajya Sabha passed the Bill, with 99 votes in its favour and 84 against it. The Triple
Talaq law makes the instant triple talaq a criminal offence and provides for a jail term of
three years for a Muslim man who commits the crime. 
 The law also makes Triple Talaq a cognisable and non-bailable offence. Introduced in the
Lok Sabha by Minister of Law and Justice Ravi Shankar Prasad on June 21, 2019, the Bill
replaced an Ordinance promulgated on February 21, 2019.
 As the Bill was pending for consideration in the Rajya Sabha and the practice of Triple Talaq
divorce system was continuing, there was an urgent need to take immediate action to
prevent such a practice by making strict provisions in law.
 
 Triple Talaq void and illegal:-
 
 According to Clause 3 in Chapter 2 of the Bill, “any
pronouncement of talaq by a person upon his wife, by
words, either spoken or written or in electronic form
or in any other manner whatsoever, shall be void and
illegal”.
Punishment for pronouncing
Triple Talaq:-
 The Clause 3 also states that, “whoever pronounces
Triple Talaq upon his wife shall be punished with
imprisonment for a term which may extend to three
years and fine”. 
 According to Clause 7 (c) in Chapter 3, “No person
accused of an offence punishable under Triple Talaq law
shall be released on bail after the Magistrate, on an
application filed by the accused and after hearing the
married Muslim woman upon whom talaq was
pronounced, is convinced that there are reasonable
grounds for granting bail to the accused”.
 Custody of children:-

 Clause 6 in Chapter 3 of the Bill states that, “a married

Muslim woman shall be entitled to custody of her minor
children in the event of pronouncement of talaq by her
husband, in such manner as may be determined by the
Magistrate”.
THANK YOU