The negatives of triple talaq (instant triple divorce) are its devastating impact on Muslim women, causing immediate and often unsupportable financial distress, vulnerability, and marginalization by dissolving marriages instantly, even in anger, without due process or regard for the Quran's emphasis on reconciliation, leading to its invalidation and criminalization in countries like India as a violation of women's fundamental rights.
Act & Provision for Imprisonment:
The Muslim Women (Protection of Rights on Marriage) Act, 2019 declares the instant divorce granted by pronouncement of talaq three times as void and illegal. It provides for imprisonment for a term up to 3 years and fine to the husband who practiced instant Triple Talaq.
However, when the husband repudiates the wife for the third time, the divorce becomes “absolute.” In this case, not only is the divorce irrevocable, but the spouses cannot remarry until the wife has married another man, and that marriage has been consummated, then ended through death or divorce.
Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.
The Disadvantages of Divorce
In some cases, that can mean depression, anxiety or other mental health problems. Unfortunately, some individuals will struggle with these challenges, especially if the case is difficult to settle. Without seeking help, these stressors can impact a person's overall well-being.
There's no single answer, as suffering in divorce is highly individual, but research shows women often face greater financial hardship and poverty risk, while men tend to struggle more with emotional adjustment, depression, and loneliness, though both experience significant challenges, especially regarding children, finances, and loss of intimacy. Children also suffer greatly from parental conflict, disrupted routines, and loyalty conflicts, with the outcome depending heavily on co-parenting quality.
1. Lack of Honesty. Often when we think of honesty, notably honesty in marital relationships, we think of a very tangible “where were you last night” kind of honesty. While this is obviously critically important, there are many other kinds of dishonesty that can destroy marriages.
In the case of the third talaaq, as soon as the man utters the words, he has no right to take her back after that.
A divorced woman has the right to retain her personal belongings, wealth, gifts, and in some cases, a share of marital property; depending on local laws and mutual agreements made at the time of marriage. Islamic teachings promote justice and fairness, especially when wealth is accumulated jointly during a marriage.
In 2017, the top court declared Triple Talaq, also a form of divorce prevalent among Muslim community, as unconstitutional after finding it to be arbitrary and violative of fundamental rights of Muslim women.
Using the words of divorce in haste or anger is not right. The proper procedure is to give divorce when a woman is not pregnant and is not going through her monthly menstrual cycle. Divorce can take place by saying one time “I have divorced you” (talluqtuki) or “You are divorced” (anti taliq).
Triple talaq is not mentioned in the Quran. It is also largely disapproved by Muslim legal scholars. Many Islamic nations have barred the practice, including Pakistan and Bangladesh, although it is technically legal in Sunni Islamic jurisprudence.
The reconciliation can only take place twice, and therefore upon a third talaq there can be no reconciliation during the iddah. This is known as the 'absolute' talaq. Some husbands may choose to give three talaqs at once, which will essentially mean that there is no availability for reconciliation.
Talaq Bid'a or irregular divorce is where a husband repudiates his wife by three divorces at once. According to the majority of the jurists, the Talaq holds good, but it is against the spirit of the Shari'ah, and, therefore, the man who follows this course in divorce is an offender in the eye of Islamic Law.
Talaq-e-Raj'i is a revocable form of Talaq. It is revocable because if after pronouncement the couple wish to reconcile, they can do so as long as reconciliation occurs before the expiration of what is known as the Iddah period or waiting/cooling-off period.
Legal consequences:
Remarriage between the same parties becomes impossible until the wife lawfully marries another person and is lawfully divorced by him after the consummation of the marriage. Dower becomes immediately payable. Right to contract another marriage. Mutual right of inheritance ceases.
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, unnecessary conflict, and detrimental parenting arrangements, with other major errors including hiding assets, not seeking early legal advice, and failing to prioritize the children's needs. Rushing the process or trying to "win" by being nasty instead of focusing on fair, transparent outcomes also causes significant long-term damage, costing time, money, and emotional well-being for everyone involved, especially children.
Iddah for divorced women
The waiting period for a menstruating woman is, three monthly periods. The waiting period for a pre-menstrual girl is, three lunar months. The waiting period of a woman who has no monthly courses is three months.
According to Islamic Sharia, a wife can't refuse her husband's call for intimacy unless she has a valid reason, like illness or menstruation. Refusing without a genuine reason is considered a sin, and a hadith indicates that the angels may curse a woman who denies her husband without cause.
In a historic 3:2 verdict, the Supreme Court struck down instant triple talaq as arbitrary and unconstitutional. The Court reasoned that the practice violated Article 14 by granting husbands unilateral power without any possibility of reconciliation.
There may be a desire to re-establish a sense of normalcy quickly – even if it means rushing headlong into another marriage. Men tend to remarry within one to three years following a divorce, although older men with a stable financial history may remarry even faster.
However during the period of iddat the husband can revoke the Talaq. Revocation may be express or implied. Cohabitation with the wife is an implied revocation of Talaq. If the cohabitation takes place even once during this period, the Talaq is revoked and it is presumed that the husband has reconciled with the wife.
The 777 rule for marriage is a relationship guideline to keep couples connected by scheduling specific, regular quality time: a date night every 7 days, a night away (getaway) every 7 weeks, and a romantic holiday every 7 months, often without kids, to foster intimacy, reduce stress, and prevent routine from overtaking the relationship. It's about consistent, intentional efforts to prioritize the partnership.
But it does provide some rough guidelines as to how soon may be too soon to make long-term commitments and how long may be too long to stick with a relationship. Each of the three numbers—three, six, and nine—stands for the month that a different common stage of a relationship tends to end.
The 5-5-5 rule in marriage refers to two main communication techniques: one where couples spend 5 minutes each speaking and 5 minutes dialoguing (5-5-5), and another where a person asks if an issue will matter in 5 minutes, 5 days, and 5 years to gain perspective. Both methods aim to de-escalate conflict, encourage active listening, and focus on long-term understanding rather than immediate reactions, fostering healthier communication and connection.