The Saga of Triple Talaq in India - Understanding the fact

Abstract

 

 This paper will examines issues related to marriage and divorce under Islamic personal law in India, with particular focus on the abolition of the practice known as Triple Talaq or Talaq-e-Biddat. The term here refers to the form of instant divorce, distinct from other legitimate types of talaq recognized by different Islamic schools. The discussion centers around the Supreme Court of India’s landmark judgment of August 22, 2017, which paved the way for a legal ban on this practice. In a secular nation like India- where diverse communities are governed by their respective personal laws- the state’s intervention to uphold women’s rights and gender justice marks a significant development. Historically reform in Muslim personal law met with resistance, beginning from the colonial period when limited legislative efforts, such as the Muslim Women (Protection of Rights on Divorce) Act 1986, sought to address women’s rights in matters of divorce and maintenance.  However, the traditional practice of Triple talaq persisted until its final declaration as unconstitutional and illegal through the Muslim Women (Protection of Rights on Marriage) Act, 2019. This paper analyzes the historical background that led to this landmark reform and explores its implications for Muslim women’s empowerment and the broader discourse on legal and religious rights in India.