Triple talaq in India
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, a Directive Principle of state policy, Constitution of India) in India.[1] On 22 August 2017, the Indian Supreme Court tagged instant triple talaq (talaq-e-biddah) as unconstitutional.[2][3][4] Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional.[5] The other two declared the practice to be constitutional.[6] However, unconstitutionality is not the same as being declared illegal. India's Muslim neighbours are among 23 countries that have banned triple talaq already.[7] The Quran established means to avoid hasty divorces. It prescribes two waiting periods of three months before the divorce is final in order to give the husband time to reconsider his decision.[8] 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 which is deemed to be in effect from 19 September 2019.[9]
Talaq-e-Ahsan and Talaq-e-Hasan however, remain legal. In Talaq-e-Hasan, the husband says "talaq" only once a month, usually when the wife is not menstruating. The couple then waits for a month following the initial declaration. The marriage remains intact and the couple can reconsider and make amends if the husband does not repeat the term the following month. The divorce however, becomes official if the husband says it three times within the third month.[10][11] In Talaq-e-Ahsan, the husband says "talaq" once and waits for a three-month iddat, or waiting period. The divorce is deemed void if the couple gets back together and moves back in together before the three months have passed. However, if reconciliation doesn't take place during this waiting period, it becomes final.[11]
References
- ↑ "Triple Talaq". The Times of India. 13 May 2017. https://timesofindia.indiatimes.com/topic/Triple-Talaq?from=mdr. Retrieved 2017-05-13.
- ↑ "The Triple Talaq Case - Supreme Court Observer". Supreme Court Observer. http://scobserver.clpr.org.in/cases/triple-talaq-case/. Retrieved 2018-02-27.
- ↑ Supreme Court scraps instant triple talaq: Here's what you should know about the practice. Hindustan Times. 2017-08-22. http://www.hindustantimes.com/india-news/ahead-of-supreme-court-verdict-on-triple-talaq-here-s-a-primer-on-the-case/story-OJ6jjgGTRR988PfbNDpJ5I.html. Retrieved 2017-09-18.
- ↑ Pratap Bhanu Mehta. Small step, no giant leap (2017-08-23)The Indian Express. Retrieved 2017-09-18.
- ↑ Triple Talaq: Ban this un-Islamic practice and bring in a uniform civil code (22 November 2017). Retrieved 6 August 2019.
- ↑ Triple talaq verdict LIVE updates: Jaitley says SC judgment a great victory and welcome step. The Indian Express (22 August 2017). Retrieved 22 August 2017.
- ↑ India's Muslim neighbours among 23 countries that have banned triple talaq. 2020-09-19. https://www.hindustantimes.com/india-news/india-s-muslim-neighbours-among-23-countries-that-have-banned-triple-talaq/story-J8b9HkOCwdMAIWyscwxZMK.html#:~:text=The%20other%20countries%20where%20instant,Saudi%20Arabia%2C%20Morocco%20and%20Kuwait.. Retrieved 2020-12-22.
- ↑ Harald Motzki. Marriage and divorce 3 (2006)Brill. p. 279.
- ↑ 'Historic' day as India outlaws 'triple talaq' Islamic instant divorce. https://www.theguardian.com/world/2019/jul/31/triple-talaq-india-hails-historic-day-as-parliament-outlaws-islamic-instant-divorce. Retrieved 15 January 2022.
- ↑ Talaq-e-Hasan under SC lens: How it is different from Talaq-e-Biddat in islam. Business Standard (2025-11-20). Retrieved 2025-11-22.
- ↑ 11.0 11.1 Jain, Akshat. Talaq-e-Hasan under SC lens: A look at Muslim divorce practices & how courts have ruled before. ThePrint (2025-11-20). Retrieved 2025-11-22.