TRIPLE TALAQ: WAS IT JUSTIFIED OR A CONVENIENCE FOR MALES
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https://doi.org/10.55662/Abstract
Triple Talaq, also known as talaq-e-biddat, instant divorce. 1 and talaq-e-mughallazah (irrevocable divorce),2 is a form of Islamic divorce which has been used by Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence.3 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. 4 On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) unconstitutional.5 Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional.6 The remaining two declared the practice to be constitutional while simultaneously asking the government to ban the practice by enacting a law. 7
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