Triple Talaq Banned in India

Triple talaq (also known as talaq-e-mughallazah—Irrevocable divorce) is a form of Islamic divorce that was practised by Muslims in India. It allowed any Muslim man to legally divorce his wife by stating the word talaq (the Arabic word for "divorce") three times in verbal, written, or more recently electronic form. It has been a subject of controversy and debates within the country, raising the issues of justice, gender equality, human rights and secularism. The government of India and the Supreme Court of India have been involved in addressing the issues. On 22 August 2017, the Indian Supreme Court struck down instant triple talaq (talaq-e-biddat) and termed it unconstitutional. Three judges on the five judge Constitution bench decided against triple talaq while two ruled in favour.

The issue has also caused a debate on the need for a uniform civil code in India.

Practice

Triple talaq is a form of divorce that was practiced in India, whereby a Muslim man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man did not need to cite any cause for the divorce and the wife need not be present at the time of pronouncement. After a period of iddat, during which it is ascertained whether the wife is pregnant, the divorce becomes irrevocable. In the recommended practice, a waiting period was required before each pronouncement of talaq, during which reconciliation is attempted. However, it had become common to make all three pronouncements in one sitting. While the practice was frowned upon, it was not prohibited. A divorced woman might not remarry her divorced husband unless she first married another man, a practice called Nikah Halala. Until she remarried, she retained the custody of male toddlers and pre-pubertal female children. Beyond those restrictions, the children came under the guardianship of the father.

The All India Muslim Personal Law Board (AIMPLB), had told the Supreme Court that women could also pronounce triple talaq, and could execute nikahnamas that stipulated conditions so that the husbands could not pronounce triple talaq. The practice of instant divorce is already banned in 20 Muslim-majority countries, including Pakistan.

Judgment

A multi-faith bench heard the controversial Triple Talaq case in 2017. Though 2 judges upheld validity of Triple Talaq (Talaq-e-Biddat), the three other judges held that it was unconstitutional, thus barring the practice by 3:2 majority. The bench asked the Central government to promulgate legislation within six months to govern marriage and divorce in the Muslim community. The court said that until the government formulates a law regarding Triple Talaq, there would be an injunction against husbands pronouncing triple talaq on their wives.

https://en.wikipedia.org/wiki/Triple_talaq_in_India