Paper 5 THE CRIMINALISATION OF TRIPLE TALAQ IN INDIA: A COMPREHENSIVE STUDY

PAPER ID: IJIM/Vol. 8 (VII) November 2023/28-33/5

AUTHOR: Dr Satya Pal Singh [1],Mohd. Imtiyaj Khan[2]

TITLE:THE CRIMINALISATION OF TRIPLE TALAQ IN INDIA: A COMPREHENSIVE STUDY

ABSTRACT: The majority of Indian marriage rules are based on customs and religion. Since the Muslim community makes up a sizable portion of the population, it is necessary to change the unwelcome traditions The Muslim Women (Protection of Rights on Marriage) Act, 2019, proclaimed immediate triple talaq to be unlawful and void and stipulated that any husband engaging in such behavior would be subject to a sentence of up to three years in jail. The topics of maintenance and custody are also addressed. The Act’s criminalization component, despite the fact that it is primarily civil in purpose, has been the source of much controversy. The process is analytical, taking into account both Indian law and Islamic law as well as any supporting examples in order to draw a decision. Analyzing and interpreting the criminalization of civil disputes in the presence of civil legislation is another important task.

KEYWORDS: Triple talaq, Muslim women (protection of rights on marriage) Act, 2019, Ordinance, criminalization of marriage law.

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