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Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer? for CLAT 2024 is part of CLAT preparation. The Question and answers have been prepared
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the CLAT exam syllabus. Information about Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for CLAT 2024 Exam.
Find important definitions, questions, meanings, examples, exercises and tests below for Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer?.
Solutions for Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT.
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Here you can find the meaning of Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of
Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer?, a detailed solution for Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer? has been provided alongside types of Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer? theory, EduRev gives you an
ample number of questions to practice Directions: Read the following passage and answer the question.Instant Talaq or "Triple Talaq" or "Talaq-e-Biddat" is an Islamic practice that allows men to divorce their wives immediately by uttering the word "talaq" (divorce) three times. The pronouncement can be oral or written, or as in recent times, delivered by electronic means - telephone, SMS, email, or social media."Talaq-e-Biddat" or "Talaq-ul-Bain" (Irrevocable divorce) is instant Triple Talaq and is effective as soon as the word "Talaq" has been pronounced thrice. In this form of talaq, three pronouncements can be made during a single tuhr (when the woman is not menstruating) by saying "I divorce thee" thrice at the same instant i.e. there need not be any waiting period between two successive pronouncements.The Hon'ble Supreme Court of India, in its recent landmark judgment of Sayara bano Vs. Union of India pronounced on August 22, 2017, has set aside the practice of Talaq-e-Biddat or "Triple Talaq" with the majority Ration of 3:2. Shayara Bano, a 35 -year-old woman survivor of domestic violence and dowry harassment, challenged the practice in 2016, a year after her husband of 15 years divorced her via triple talaq. The Judgment by the minority bench further directed the Government of the Union of India to lay proper legislation in order to regularize the proceedings of divorce as per Shariat law.What is the landmark Judgment passed by The Hon'ble Supreme Court in Sayara Bano Vs UOI.The Hon'ble Supreme Court heard the Petition for the ban of the practice of Triple Talaq through a Constitution bench comprising of 5 Judges from different religions - Justice Kurian Joseph, a catholic, Justice UU Lalit, a Hindu and Justice RF Nariman, a Parsi, Chief Justice Khehar, a Sikh and Justice Abdul Nazeer, a Muslim. On August 22, 2017, this bench declared Triple Talaq or Talaq-e Biddat as unconstitutional by a 3:2 majority. Justices Kurian, Lalit and Nariman delivered the majority judgement while Chief Justice Khehar and Justice Nazeer dissented with the majority.The bench held that the practice of Triple talaq is arbitrary in nature by observing the following: "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. In our opinion, therefore, the 1937 Act (Muslim Personal Law Shariat Application Act), insofar as it seeks to recognize and enforce Triple Talaq, is within the meaning of the expression "laws in force" in Article 13(1) and must be struck down as being void to the extent that it recognizes and enforces Triple Talaq. Since we have declared Section 2 of the 1937 Act to be void to the extent indicated above on the narrower ground of it being manifestly arbitrary, we do not find the need to go into the ground of discrimination in these cases, as was argued by the learned Attorney General and those supporting him."Taking into consideration the views of the Hon'ble Supreme Court in the Judgment of Shayara bano Vs. Union of India, the Hon'ble Law Minister Shri Ravi Shankar Prasad took an initiative to present the Triple Talaq Bill before the Lower House, Lok Sabha, which was passed by majority by the Lower house on December 28, 2017 . The preamble of the Bill reads as "To protect the rights of the Married Muslim Women and prohibit divorce by pronouncing Talaq by their Husbands and provide for matters connected therewith or incidental thereto" The main highlights of the said bill are Sections 3 and 4 which criminalize the practice of Triple Talaq. Section 3 of the Bill states that "talaq-e-biddat" shall be 'void' and 'illegal'. This is followed by the consequence of such void action in terms of Section 4 thereof, stating, whoever pronounces talaq-e-biddat shall be punished with imprisonment which may extend to three years and fine. Further Section 7 of the Act makes the offense cognizable and non-bailable offense.Q. Which one of the following is true?a)Triple talaq can only be pronounced by Muslim men against their wife.b)The pronouncement of talaq can be oral or written, or as in recent times, delivered by electronic means.c)Both Muslim men and women had right of triple talaq against their spouse.d)Both (a) and (b).Correct answer is option 'D'. Can you explain this answer? tests, examples and also practice CLAT tests.