Triple talaq in India

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Triple talaq (instant divorce)[1] and talaq-e-mughallazah (irrevocable divorce)[2] are now-banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence.[3][4] A Muslim man could legally divorce his wife by proclaiming three times consecutively the word talaq (the Arabic word for "divorce") (in spoken, written or, more recently, electronic form).

The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code (Article 44) in India.[5] On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) unconstitutional.[6][7][8] Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional.[9] The remaining two declared the practice to be constitutional.[10] On 30 July 2019, the Parliament of India declared the practice of Triple Talaq illegal and unconstitutional and made it a punishable act from 1 August 2019.[11] Three of India's neighbouring countries — Pakistan, Bangladesh and Sri Lanka — are among the 23 countries worldwide that have banned triple talaq.[12] The Quran describes mechanisms for avoiding hasty divorces, prescribing two waiting periods of three months before the divorce is final in order to give the husband time to reconsider his decision.[13] A bench of the Supreme Court of India has stated that the practice of divorce for Muslim men through, "Talaq-e-Hasan" which is pronounced once a month over a period of three months is allowed and a Muslim woman can also part ways with her husband through "khula (mutually agreed divorce)".[14][15]

Some BJP commentators have suggested that the banning of triple talaq opens the door to challenging more Muslim marital practices, including polygamy.[16]

  1. ^ "Triple Talaq verdict: What exactly is instant divorce practice banned by court". Hindustan Times. 22 August 2017. Archived from the original on 14 August 2019. Retrieved 18 September 2017.
  2. ^ Mohammed Siddique Patel. "The different methods of Islamic separation – Part 2: The different types of Talaq". www.familylaw.co.uk. Archived from the original on 14 August 2019. Retrieved 29 May 2017.
  3. ^ "Hanafi jurisprudence sanctions triple talaq". The Times of India. 23 August 2017. Archived from the original on 28 November 2019. Retrieved 19 December 2017.
  4. ^ "Law, morality, triple talaq". 10 July 2017. Archived from the original on 16 November 2017. Retrieved 19 December 2017.
  5. ^ "Triple Talaq". The Times of India. 13 May 2017. Archived from the original on 26 October 2019. Retrieved 13 May 2017.
  6. ^ "The Triple Talaq Case - Supreme Court Observer". Supreme Court Observer. Archived from the original on 27 February 2018. Retrieved 27 February 2018.
  7. ^ "Supreme Court scraps instant triple talaq: Here's what you should know about the practice". Hindustan Times. 22 August 2017. Archived from the original on 24 August 2019. Retrieved 18 September 2017.
  8. ^ Pratap Bhanu Mehta (23 August 2017). "Small step, no giant leap". The Indian Express. Archived from the original on 4 October 2019. Retrieved 18 September 2017.
  9. ^ "Triple Talaq: Ban this un-Islamic practice and bring in a uniform civil code". 22 November 2017. Archived from the original on 6 August 2019. Retrieved 6 August 2019.
  10. ^ "Triple talaq verdict LIVE updates: Jaitley says SC judgment a great victory and welcome step". The Indian Express. 22 August 2017. Archived from the original on 2 October 2019. Retrieved 22 August 2017.
  11. ^ "'Historic' day as India outlaws 'triple talaq' Islamic instant divorce". The Guardian. Archived from the original on 15 January 2022. Retrieved 15 January 2022.
  12. ^ "India's Muslim neighbours among 23 countries that have banned triple talaq". Hindustan Times. 19 September 2020. Archived from the original on 11 August 2019. Retrieved 22 December 2020.
  13. ^ Harald Motzki (2006). "Marriage and divorce". In Jane Dammen McAuliffe (ed.). Encyclopaedia of the Qurʾān. Vol. 3. Brill. p. 279.
  14. ^ "Supreme Court says Talaq-e-Hasan not akin to triple talaq, women have option of 'khula'". Telegraph India. 16 August 2022. Archived from the original on 26 December 2022. Retrieved 29 February 2024.
  15. ^ "Divorce Law for Muslims in India". LawRato. 29 September 2023. Archived from the original on 16 April 2024. Retrieved 29 September 2023.
  16. ^ "If triple talaq can be challenged, why can't polygamy?". Hindustan Times. 24 August 2017. Archived from the original on 6 February 2022. Retrieved 6 February 2022.