Purposive Defination of Law With Reference To Triple Talaq

S. Dahlan¹

Section:Review Paper, Product Type: Journal-Paper
Vol.5 , Issue.12 , pp.131-134, Dec-2019

Online published on Dec 31, 2019

Copyright © S. Dahlan . This is an open access article distributed under the Creative Commons Attribution License, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
 

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Abstract :
In this research, I have dealt with the topic purposive definition of law. I have covered the meaning and purpose, the changing society and their needs in change in law. The society is dynamic, and so should be our laws. Not all laws remain applicable at all times and at all places. The solution to re integrate laws with the society is to modify them. Modifications give a new form and existence to the laws. It helps the society to trust more on laws. The laws, when made, the need and scenario of that particular time was kept in mind. So, with time it must be moulded. I have referred to various schools of jurisprudence which either favoring or criticizing the change of law with the changing time. Jurisprudence state the evolution of laws. So it plays a crucial role in change in law. I have researched on Triple Talaq which was practiced in Muslims in India, the consequences of the same, the misinterpretation by everyone and its actual meaning. The judgment of Supreme Court has opened the gates of Justice to many women of Muslim community. I have searched the incidences where even the husband regretted giving triple tale at the heat of the moment. But was helpless as nothing could superceed the law. The case of shah bano has led the new beginning by stating maintenance as a right to widows even in Muslims. The case of shayrabano and petitions of many other Muslim women who felt the violation of their rights by custmarary law of triple tale and Halala were clubbed together. After so many debates and discussions, finally the Supreme Court held that Triple Talaq is. invalid and should not be practiced. At the end of this research, I have dealt with the other countries with regards to what they follow on triple tale.

Key-Words / Index Term :
society, law, jurisprudence, marriage, triple tale, justice

References :
[1] N.V. Paranjape , studies in jurisprudence and legal theory, central law agency, eighth edition. Page no. 66,103, 105, 123
[2] Z.U Salam, Till talaq do us part, penguin books, ISBN10, ISBN13
[3] E. Kauser, divorce and gender equity in Muslim personal Law of India, Lexis Nexis publication