Wishesh magazine february 2018 Wishesh magazine february 2018 | Page 98
INFOCUS
Bill
all you wanted to know
about
98
talaq talaq talaq
Triple Talaq, also known as talaq-e-biddat, is a form of instant divorce and
talaq-e-mughallazah (irrevocable divorce), is a form of Islamic divorce which
has been used by Muslims in India, especially adherents of Hanaf i Sunni
Islamic schools of jurisprudence. It allows any Muslim man to legally divorce
his wife by stating the word talaq (the Arabic word for “divorce”) three times
in oral, 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 in India.On 22
August 2017, the Indian
WWW.WISHESH.NET | FEBRUARY 2018
Supreme Court deemed
instant triple talaq (talaq-
e-biddah) unconstitutional.
Three of the five judges in
the panel concurred that
the practice of triple talaq
is unconstitutional.The
remaining two declared the
practice to be constitutional
while simultaneously asking
the government to ban the
practice by enacting a law.
Triple talaq is a form of
divorce that was practised 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
have been present at the time