TRIPLE TALAQ:
AN ORDEAL FOR MUSLIM WOMEN
SUBMITTED BY:
UNDER THE GUIDANCE OF:
SHUBHANGI PACHAURI
MRS. CHETNA ANJUM
ROLL NO: 61
ASST. PROF OF LAW,
SEMESTER: III
SS KHANNA GIRLS’ DEGREE COLLEGE, PRAYAGRAJ.
ACKNOWLEDGEMENT
My sincere efforts have made me to accomplish the task of completing this project. However the
completion of this task would not have been possible without the kind support of many individuals.
I would like to express my heartfelt gratitude to my Asst. Prof. of Law, Mrs. Chetna Anjum, whose
suggestions, guidance and moral support was a boon for my project. I would also like to thank my
parents and friends for supporting me whole heartedly and providing me with everything I asked for.
I would like to extend my deepest gratitude to all those who have directly or indirectly guided me in this
particular project. However as I have studied from various sources, anything missing incorrect due to
oversight is deeply regretted.
Thanking you.
TABLE OF CONTENTS
1.
2.
3.
4.
5.
6.
Aims and Objectives
Research methodology
Research questions
Mode of citation
Introduction
Body
 How was Triple Talaq an ordeal for muslim women?
 Was banning it a good decision?
 How did banning it help muslim women?
7. Conclusion
8. Bibliography
AIMS AND OBJECTIVEs
The aim of this project is to address the issues arising out of the evil practice of Triple Talaq in muslims
and ordeal of muslim women. It throws light on the questions why did the government ban it, what
were the views of people on this particular act of the government and how did the banning of this
immoral and malevolent act safeguard the interests of muslim women.
RESEARCH METHODOLOGY
Doctrinal method of research has been adopted. Bare Acts have been referred. Some articles and
websites providing information on this topic have been surfed and relevant parts have been referred.
RESEARCH QUESTIONS
How was Triple Talaq an ordeal for muslim women?
Was banning it a good decision?
How did banning it help muslim women?
MODE OF CITATION
The mode of citation of this project is Uniform.
INTRODUCTION
What is triple talaq?
Muslim marriage, called Nikah, unlike the sacramental marriage of the Hindus, is considered to be a civil
contract. Its important objectives are control over sex, ordering of domestic life, procreation of children,
perpetuation of family and upbringing of children. However muslim marriage in the society is a religious
duty also. It is a devotion and an act of ibadat.
According to Sec 2(a) of The Muslim Women (Protection Of Rights On Divorce) Act, 1986, 1“divorced
woman” means a Muslim woman who was married according to Muslim law, and has been divorced by,
or has obtained divorce from, her huband in accordance with the Muslim law. Under the Muslim law,
the contract of marriage can be dissolved either with intervention of the court or without its
intervention. By the judicial decree, the divorce can be obtained either on the basis of the dissolution of
Muslim Marriage Act of 1939 or on the basis of husband and wife called khula and mubarat. Talaq
means divorce in an Arabic word. Talaq may be given in any of the following three ways:of the Muslim
Law. Without court’s intervention, marriage can be either dissolved by husband at his will (talaq) or by
the mutual consent
1. Talaq-e-Hasan: This consists of three pronouncements made during three successive tuhrs and
no intercourse taking place during any of the three tuhrs.
2. Talaq-e-Ahasan: This consists of a single pronouncement made during a tuhr (period of
menstruation) and followed by abstinence from sexual relations leaving her for the period of
iddat2. The shias do not recognize this form of talaq. Among the sunnis also, the
pronouncement made in the state of intoxication or under compulsion of threats of serious
nature is void.
3. Talaq-e-ul-Bidat: This consists of either (a) making three pronouncements during a single tuhr
in one sentence or in three separate sentences (b) making a single pronouncement during a
tuhr clearly indicating an intention irrevocably to dissolve the marriage. This type of divorce is
also called Triple Talaq. If the husband realises his mistake, repents his conduct and wants to
marry the same girl again, he cannot do so without following the procedure of Nikah Halala
3
wherein if the husband wants to remarry his wife again after the divorce, the woman first has
to marry another man and then her current husband would initiate divorce voluntarily after
1
An Act to protect the rights of muslim women who have been divorced by or have obtained divorce from their husbands and to provide for
matters connected therewith or incidental thereto.
2
According to Sec 2(b) of 1, iddat period means, in the case of a divorced womanI.
three menstrual courses after the date of divorce, if she is subject to menstruation;
II.
three lunar months after her divorce, if she is not subject to menstruation; and
III.
if she is enceinte at the time of her divorce, the period between the divorce and the delivery of her child or the termination of her
pregnancy, whichever is earlier;
3
Nikah Halala means a man can marry the same woman if she first marries another man, consummates the marriage and only if the second
man dies or willingly asks for a divorce, can the go back to her first husband and remarry him.
which she has to observe an iddat period and then only she can marry her former husband.
Thus, in the first two forms of divorce, there is a chance for the parties to be reconciled but not
in the third form. Triple Talaq is a procedure of an instant divorce under Islamic Law followed by
Muslim men in India. It can be pronounced in oral or written or by electronic media like email,
SMS, or WhatsApp. Under Muslim law, once a man has spoken it, immediately ends his
marriage. Triple Talaq is the 1400-year-old practice among the Sunni Muslims. This instant
divorce majorly occurred among Muslim communities by adherents of Hanafi School of Islamic
Law. The Muslim Personal Law (Shariat) Application Act,1937 4allowed the process of Triple
Talaq to give a special privilege to Muslim men over his wife.
4
An Act to make provision for the application of the Muslim Personal Law (Shariat) to Muslims and extends to the whole of India.
BODY
How was Triple Talaq an ordeal for muslim women?
Imagine living with the mental insecurity that years of your marital alliance can be ended just by the
utterance of three words. That's exactly what Indian Muslim women feel. India is home to world's thirdlargest Muslim population which is governed by the Sharia or Islamic jurisprudence and this has been
the case since British colonial rule. But till today, India's 90 million Muslim women face the threat of a
sudden, oral, and out-of-court divorce. The Centre has told the Supreme Court that the practices of
triple talaq, nikah halala3 and polygamy impact the social status and dignity of Muslim women and deny
them fundamental rights guaranteed by the Constitution. In a fresh written submission filed before the
apex court, the government has reiterated its earlier stand and said these practices render Muslim
women “unequal and vulnerable" as compared to men of their community as well as women belonging
to other communities. “The practices which are under challenge, namely, triple talaq, nikah halala and
polygamy are practices which impact the social status and dignity of Muslim women and render them
unequal and vulnerable qua men belonging to their own community, women belonging to other
communities and also Muslim women outside India," the Centre said. “There are unreasonable
classifications which arise from practices such as those under challenge in the present petition, which
deny to Muslim women the full enjoyment of fundamental rights guaranteed under the Constitution," it
said.
The apex court had on 30 March observed that practices of triple talaq, nikah halala and polygamy
among Muslims were important issues involving “sentiments" and a Constitution bench would hear the
pleas challenging these from 11 May.
The Centre, in its written submission, has termed these practices as “patriarchal values and traditional
notions about the role of women in society" and said that “the right of a woman to human dignity, social
esteem and self-worth are vital facets of her Right to Life under Article 21". “Gender inequity has ripple
effect on the rest of the community, preventing it from partaking in full, liberties guaranteed by a
modern Constitution," it said. Influential Muslim organisations like the All India Muslim Personal Law
Board (AIMPLB) have opposed the court’s adjudication of these matters, maintaining these practices
stemmed from the Holy Quran and were not justiciable. Several Muslim women have challenged the
practice of ‘triple talaq’ in which the husband, quite often, pronounces talaq thrice in one go, sometimes
over phone or text message. The major impact is seen on women, whose lives are turned upside down
in just a few seconds. This controversial custom has shockingly left Muslim women prone to abuse and
in a morbid state, especially harming their socio-economic status as most of the women are not
financially strong. Husbands are at ease as they can initiate it whenever they wish to do so, and women,
on the other hand, do not have a say in this. Shayara Bano is one such woman who was the victim of this
instantaneous talaq. She, unlike other women, did not remain silent and fought back due to which
history was created not only in Muslim personal law but also in the way the Constitution is related to
the personal laws in India.
Here’s how triple talaq violates fundamental rights:
Right to Equality (Article 14): The practice of Triple Talaq discriminates against women by allowing
husbands the unilateral power to divorce their wives while denying the same right to women. This
unequal treatment based on gender goes against this right which guarantees equal protection of the law
to all the citizens.
Right to Life and Personal Liberty (Article 21): Triple Talaq can have severe emotional, psychological,
and financial implications on women who are suddenly divorced without their consent. This violates
their right to live with dignity and personal liberty, as guaranteed by Article 21.
Right to Freedom of Religion (Article 25): While individuals have the right to follow their religion and its
practices, the practice of Triple Talaq was found to not be an essential part of Islamic religious practice
by the Supreme Court. Therefore, banning it does not infringe upon the right to religious freedom
guaranteed under Article 25.
Right to Freedom of Expression (Article 19): The power to divorce a spouse through Triple Talaq is
exercised through verbal communication. However, this right to expression should be balanced with
other fundamental rights. When Triple Talaq is used to divorce a woman without her consent, it can
infringe on her fundamental rights.
Right to Non-Discrimination (Article 15): Article 15prohibits discrimination on grounds of religion, race,
caste, sex, or place of birth. Triple Talaq, which primarily affects women, constitutes discrimination
based on gender, violating this provision.
Right to Protect the Dignity of Women (Article15(3)): Article 15(3) empowers the state to make special
provisions for the protection of women and children. By declaring Triple Talaq unconstitutional, the
Supreme Court upheld the dignity and rights of Muslim
Shayara Bano v. Union of India5
Name of Appellant: Shayara Bano and others
Name of respondent: Union of India, All India Muslim Personal Law Board and Rizwan Ahmed
Court: The Supreme Court of India
5
Citation of the case: AIR 2017 9 SCC 1 (SC)
Date of judgment : 22nd August 2017
Bench : Justice Jagdish Singh Khehar, Justice S. Abdul Nazeer, Justice Rohinton Fali Nariman, Justice
Uday Lalit, and Justice K.M. Joseph constituted the Bench.
Brief facts: Shayara Bano, a Muslim girl, was married to Rizwan Ahmed for 15 years. But in 2016, he
divorced her by way of triple talaq without stating any reason. In return, she filed a writ petition in the
Supreme Court challenging the constitutionality of talaq-e-biddat along with practices of polygamy and
nikah halala as they infringe upon the fundamental rights of women (Article 14, 15, 21, 25). Women’s
rights organisations like BEBAK collective and Bhartiya Muslim Mahila Andolan supported her. The
opposition i.e. All India Muslim Personal law argued on the fact that Muslim law is not codified and
hence not subject to judicial review and that divorce is a religious practice under Article 25 of the
Constitution and thus protected. The Court accepted the petition by Shyara Bano and formed a fivejudge constitutional bench in 2017. The first hearing was held on May 11, 2017, and on 22nd August of
the same year, it gave its decision on the case.
Issues involved:
1. Whether the practice of talaq-e-biddat (instantaneous triple talaq) an essential practice in
Muslim personal law and protected under Article 25 of the Indian Constitution?
2. Whether the triple talaq infringes on the fundamental rights guaranteed under the
Constitution and is unconstitutional?
Contentions of the parties: The parties to this case have argued on various aspects of the law and
articles of the Indian Constitution. These are the right to equality, the right to freedom of religion, and
the right to life and personal liberty. Arguments from the side of the petitioner
Mr. Amit Chadha, from the side of the petitioner, presented that triple talaq was never recognised in
the Shariat Application Act, 1937, nor did the prophet encourage this type of talaq. This talaq emerged
only as a custom and a wrong interpretation and does not have Quranic sanctions. He also stated
various cases where questions were raised about this form of talaq. He mentioned the case of Shamim
Ara v. State of Uttar Pradesh5, where the Court gave guidelines for valid talaq. He urged the Court to
ban this form of talaq on the ground that it violates Articles 14 and 15 and that if banned,
the Dissolution of Muslim Marriage Act, 19396 would apply equally to the entire community irrespective
of gender.
Arguments from the side of the respondent: The respondents were represented by Mr. Kapil Sibal, who
argued that the Shariat Act does not codify Muslim personal law but lays down rules of decision in
matters of custom or usage to the contrary. He also stated that marriage in Muslim law is a private
contract and so cannot be questioned by any legislation. He pointed out the definition of law in the
Constitution that does not cover personal laws at all. He went on to argue that under Article 25 of the
Constitution, which empowers the parliament to make laws on social reforms related to secular
activities, the court can assess its validity only if the parliament has made a law on the issue. On the
6
An Act to consolidate and clarify the provisions of Muslim law relating to suits for dissolution of marriage by women married under Muslim
law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage tie.
question of discrimination faced by women, he said that women can register their marriage if they want,
prohibit in Nikahnama 7the right of the husband to divorce by way of talaq-e-biddat, insist on a high
dower or Mehr8, and so on.
Judgment of the court: The five-judge bench of the Supreme Court gave its decision in favour of Shayara
Bano and others. It declared the practice of Triple Talaq unconstitutional by a 3:2 majority and directed
the legislature to take measures against it in order to stop the abuse against women. The Court in this
case emphasised that though this practice of triple talaq is mostly followed by the Hanafi School, it is
sinful. While delivering the judgment, the Court opined that many other Muslim countries in the world
have already abolished this practice on the ground that it lacks sanction from the Quran and was neither
encouraged nor followed by the Prophet. The Court held the practice to be violative of fundamental
rights under Part III of the Constitution. The Court in this case not only declared the practice of triple
talaq as unconstitutional and illegal but also directed the government to ensure the reduction and
prevention of divorce on the basis of such practice in future. In lieu of this, the government enacted the
Muslim Women (Protection of Rights on Marriage) Act, 2019 and made the practice of triple talaq a
punishable offence. There was a need to make such changes in a situation where Muslim women were
deprived of their right to seek a divorce from their husbands.
On August 22, 2017, the Supreme Court of India declared the practice of Triple Talaq unconstitutional. In
a historic ruling, a panel of five judges from the Supreme Court concluded that the practice of Triple
Talaq, which allowed a Muslim man to divorce his wife by uttering the word "talaq" three times rapidly,
was in violation of the fundamental rights of Muslim women and unconstitutional. Among the five
judges, three were in agreement that the practice was unconstitutional, while the remaining two upheld
its constitutionality. In its judgment, the Supreme Court noted that Triple Talaq allows a husband to end
a marriage at his whim, without giving the wife any say in the matter. This unilateral and arbitrary
nature of the practice undermines the principles of equality, dignity, and individual rights, which are the
cornerstones of the Indian Constitution. As a result, the court concluded that Triple Talaq is
incompatible with these fundamental rights and therefore unconstitutional. The court's decision was
grounded in the belief that this practice undermined principles of gender equality and dignity. The court
emphasized that Triple Talaq was not an inherent aspect of Islamic religious tradition and thus could be
set aside due to its infringement on the rights of Muslim women.
Was banning it a good decision?
Muslim women’s rights collectives had long been campaigning against the practices of instant
triple talaq, polygamy and nikaah–halala in India. Two Supreme Court cases by Shayara Bano and
Aafreen Rahman against triple talaq (Bano’s petition also challenged polygamy and halala)
have renewed calls to reform Muslim personal law in the country. Representatives of the Bharatiya
Muslim Mahila Andolan (BMMA) recently called for Muslim men to actively organise for gender just
reform and against practices like triple talaq. On June 8, hundreds of Muslim men responded to that
7
8
During Nikah, bride and groom sign the Nikahnama which is the Islamic marriage certificate.
Mehr is the sum of money or any other property which a wife is entitled to get from her husband in consideration of marriage.
call. In a statement issued to the press, 227 signatories from all over India (and a few based outside
the country) said:
“We, the undersigned, believe that gender equality and justice are human rights issues which must
be as much a matter of concern for men as for women. If anything, it is more so men’s obligation to
cry a halt to patriarchy, particularly when it is sought to be perpetuated in the name of God. We
therefore fully support the campaign launched by the Bharatiya Muslim Mahila Andolan (BMMA) and
other Muslim organisations and individuals for the abolition, and declaration as illegal, of triple talaq
(instant divorce) and nikaah-halala as being practiced in India. We salute BMMA for its initiative in
collecting 50,000 signatures from across the country in support of their demand, as also the Muslim
women victims of instant divorce who are seeking justice from the Supreme Court of India.”
Bano’s petition was being opposed in the Supreme Court by the All India Muslim Personal Law Board
(AIMPLB), which claimed that Muslim personal law is ‘divine’ and thus cannot be changed. The board
had ignored arguments that several other Islamic countries have already banned these practices. In
their statement, the signatories seemed to directly respond to these stances taken by the board,
reiterating Muslim women’s rights activists’ argument that instant triple talaq did not have Quranic
sanction.
The BMMA found in a survey last year that 92% Muslim women want triple talaq to be banned. The
collective also sent a petition on this matter to the National Commission for Women, which was
signed by 50,000 people. Women representatives of the AIMPLB recently challenged the BMMA’s
survey and petition, dismissing them and other activists as “opportunistic, publicity-seeking feminists
who have no expertise on Islamic law”. The board had claimed that they are “being used as tools by
anti-Muslim forces” who want to impose the Uniform Civil Code 9(UCC) in India, although activist
from the BMMA and others have taken a public stance against the UCC, saying that it would impinge
upon religion freedom in India. The statement by the men was a challenge to the board’s dismissal of
calls for reform:
“BMMA has even documented some cases where qazis not only justify and legitimise nikaah-halala,
but even offer their own “services” as temporary husbands. What could be more disgraceful than
this?The least we expect from the ulema who have proved themselves unwilling and incapable of
ending the shameful, anti-women practices of instant divorce and nikaah-halala is to stop
perpetuating patriarchy in the name of religion.The word ulema is supposed to mean a body of
Muslim scholars who are recognised as having specialist knowledge of Islamic sacred law and
theology. We demand that the ulema in India live up to that definition. They must stop making a
mockery of their honorific and demonising Islam in the process.”
9
A Uniform Civil Code means that all sections of the society irrespective of their religion shall be treated equally according to a national civil
code which shall be applicable to all uniformly. It covers areas like marriage, divorce, maintenance, inheritance, adoption and succession of
property.
The statement had been signed by a number of prominent personalities, including Resul
Pookutty, Saeed Mirza, Javed Siddiqi, Hasan Kamaal, Anjum Rajabali, Shafaat Khan, Talat Jaani and
Feroz Abbas Khan.
After the abolition of triple talaq the current position of Muslim women has scarcely improved and has
barely surpassed the previous level. It has, however, made it possible for women to seek divorce on
grounds of cruelty without fear of losing a significant portion of her husband's property in the event of
his death. When customary rules were in force, women did not have the legal right to divorce their
husbands because of their cruelty, but now she does. The law has been heralded as a significant win for
Muslim women. However, it is sometimes overlooked that polygamy is still lawful for Muslim men.
How did IT help muslim women? Recently, the Parliament has passed the Muslim
Women (Protection of Rights on Marriage) Bill, 201910, thereby criminalizing the practice of instant
Triple Talaq. However, the penal provision of the bill i.e. a Muslim husband declaring instant Triple Talaq
can be imprisoned for up to three years is alleged to be disproportionate for a civil offence. Some key
features of the Triple Talaq Bill:

It is applicable in whole of India but it is not extended to the State of Jammu & Kashmir.

Any pronouncement of “talaq” by a Muslim husband to his wife in any manner, spoken or written,
will be void and illegal.

Any Muslim husband who communicates the “talaq” orally or in writing may face punishment up
to three years in jail. The punishment may be also extended.

If a Muslim man pronounces “talaq” to his wife, then the woman and her children are entitled to
receive an allowance for subsistence. Such an amount can be determined by a Judicial Magistrate
of the First Class.

A Muslim woman is entitled to the custody of her minor children even if her husband has
pronounced “talaq” to her.

The offence is also compoundable (i.e. the parties may arrive at a compromise), if the Muslim
woman insists for the same and the Magistrates allows certain terms and conditions which he may
determine.

A person accused of this offence cannot be granted bail unless an application is filed by the
accused after a hearing in the presence of the Muslim woman (on whom talaq is pronounced) is
conducted and the Magistrate is satisfied with the reasonable grounds for granting bail.
What are the issues in Triple Talaq Bill?

10
Divorce is a civil matter and making Triple Talaq a criminal offence is disproportionate to criminal
jurisprudence.
This Bill was introduced in Lok Sabha by the Minister of Law and Justice, Mr. Ravi Shankar Prasad on June 21, 2019.

The Supreme Court declared Triple Talaq as invalid and did not ask the government to make it a
penal offence.
o
The Supreme Court by holding that Triple Talaq is unconstitutional implied that mere
utterance of Talaq thrice does not result in the dissolution of marriage, rather it remains
intact.
o
However, by criminalising Triple Talaq the law presumes marriage has ended and for that
Muslim man shall be punished.
o
Thereby criminalizing the Triple Talaq goes against the spirit of the Supreme Court
judgement.

Further, if the husband is imprisoned, how he can pay maintenance allowance to wives and
children.

Also similar to misuse of Indian Penal Code section 498A 11(Dowry Harassment) which led to
harassment of the affected men, the penal provision in Triple Talaq can be subject to such
harassment.
Why the government criminalized the Triple Talaq?

The Triple Talaq was held to be violative of Article 14 (the right to equality), which is held by the
Supreme Court from Shah Bano case 1986 to Shayara Bano case in 2017.

The Government held that 473 cases of Triple Talaq have taken place even after two years of
judgement pronounced by the Supreme Court.

The law has been placed as a deterrent to eradicate social evils. For example:

o
Untouchability was abolished by the Constitution, but the continued practise of
untouchability forced Parliament to enact the Untouchability (Offences) Act in 1955 and
later renaming it as Protection of Civil Rights Act in 197612.
o
To eliminate atrocities faced by women in domestic space parliament enacted:

The Dowry Prohibition Act in 1961

Prevention of domestic violence Act 2005
Triple Talaq is banned in more than 20 Islamic countries including Pakistan.
The Muslim Women (Protection of Rights on Marriage) Act, 2019
11
Whoever being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with
imprisonment for a term which may extend to three years and shall also be liable to fine.
12
An Act to prescribe punishment for the preaching and practice of untouchability for the enforcement of any disability arising therefrom and
for matters connected therewith.

This act was enacted to protect the rights of married Muslim women and to prohibit divorce by
pronouncing talaq by their husbands and to provide for matters connected therewith or
incidental thereto.

This act declared talaq as void and illegal


Any pronouncement of talaq by a Muslim husband upon his wife, by words, either
spoken or written or in electronic form or in any other manner whatsoever, shall be void
and illegal.

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.
It also provides for the protection of the rights of married Muslim women

Without prejudice to the generality of the provisions contained in any other law for the
time being in force, a married Muslim woman upon whom talaq is pronounced shall be
entitled to receive from her husband such amount of subsistence allowance, for her and
dependent children, as may be determined by the Magistrate.

This act highlights that a married Muslim woman shall be entitled to custody of her
minor children in the event of pronouncement of talaq by her husband.
Terming Triple Talaq as unconstitutional as a step towards establishing uniform civil code (Enshrined in
Article 44 of directive principle of state policy), but criminalising it goes against the ethos of
Fundamental rights i.e. article 25 and 26 the freedom of religion. Triple Talaq has led to the subjugation
of Muslim women even after 72 years of independence but its solution must come through coexistence
rather than coercion.
CONCLUSION
The Sunday Guardian talked to several women who were the victims of triple talaq. They said that the
triple talaq bill has empowered women. Khan, moreover, lauded the bills, believing the issues like she
faced before the law have been largely resolved after the law was brought in by the government and
women
would
not
have
to
go
through
the
torment
she
faced.
While speaking about the awareness of the law among women, Khan said, “First of all, there has been
awareness among women so much so that they know that triple talaq is not valid. So if somebody uses
it, as people still do even now, then at the same time women goes to the police station and files
complaint in the police station that her husband has divorced her verbaly. So police arrests the person
immediately
and
then
the
next
day
they
take
him
to court.”
Shayara Bano, another victim of triple talaq, said that women are now coming forward and when they
file a complaint, they also get justice. She added, “First when women would go to a police station after
getting verbally divorced, the police would say it is the matter of your religion. She would feel weak and
helpless and lose hope for the future. Now, the women can directly file a complaint and they are getting
justice as well.” In 2021, the law to criminalise triple talaq, claimed Minister for Minority Affairs Mukhtar
Abbas
Naqvi,
reduced
such
instances
by
80%
in
the
country.
The Triple Talaq Bill, officially known as The Muslim Women (Protection of Rights on Marriage) Act,
2019, was passed by the Parliament of India on 30 July 2019 and makes the practice of instant triple
talaq (talaq-e-biddat) among Muslims a criminal offence. It also seeks to provide protection to Muslim
women from the practice of instant triple talaq. Moreover, it provides for up to three years’
imprisonment and a fine for the husband who divorces his wife through instant talaq.
Furthermore, the legislation also grants Muslim women the right to maintenance and provides for a
magistrate to grant bail to the accused husband. The bill also seeks to make the offence cognizable, nonbailable and compoundable. This means that the husband can be arrested without a warrant and the
wife can pardon the offence and withdraw the case. According to The Sunday Guardian, “Triple talaq
Ban has created a sense of security in marriage for Muslim women”.
BIBLIOGRAPHY
BOOK: Muslim Law Bare Act 2023
ACTS REFERRED:
The Muslim Women (Protection of Rights on Divorce) Act, 1986
The Muslim Personal Law (Shariat) Application Act, 1937
The Muslim Women (Protection of Rights on Divorce) Rules, 1986
WEBSITES REFERRED:
https://byjus.com/free-ias-prep/triple-talaq-bill-upscnotes/#:~:text=Under%20this%20law%2C%20wives%20cannot,law%20to%20Muslims%20in%20India).
https://indianexpress.com/about/triple-talaq/
https://sundayguardianlive.com/special-supplement/triple-talaq-ban-has-created-a-sense-of-securityin-marriage-for-muslim-women
https://www.drishtiias.com/daily-news-editorials/criminalising-tripletalaq#:~:text=The%20Supreme%20Court%20by%20holding,Muslim%20man%20shall%20be%20punishe
d.
https://thewire.in/gender/why-criminalising-triple-talaq-is-unnecessary-overkill
https://www.hindustantimes.com/columns/muslim-men-weighing-in-against-triple-talaq-isencouraging/story-wa2bdkWoes5pxQcPgbty8I.html
https://timesofindia.indiatimes.com/india/on-this-day-supreme-court-of-india-deemed-triple-talaqunconstitutional/articleshow/102936454.cms?from=mdr
https://www.livemint.com/Politics/HoG9NHfA0BSiCwbdSfOuBN/Triple-talaq-impacts-dignity-of-Muslimwomen-Centre-tells-S.html
https://www.indiatoday.in/fyi/story/triple-talaq-muslim-women-supreme-court-sharia-law-islam968630-2017-03-30
https://indianexpress.com/article/what-is/what-is-shah-bano-case-4809632/
https://journalofislamiclaw.com/current/article/view/morrison
https://www.bbc.com/news/world-asia-india-40484276