Contentious Instant Divorce Known As Triple Talaq Banned By India's Supreme Court

A Historic Win for the Women of India as the Supreme Court Rules that Triple Talaq Is Unconstitutional

By Michael Burton
August 22, 2017

Triple Talaq Shot Down in a Verdict From India's Supreme Court 

triple-talaq

Women are rejoicing as India’s Supreme Court decision on the controversial practice of Triple Talaq has resulted in a complete ban of the practice.

Prime Minister Narenda Modi openly proclaimed his support for the women of India before the court’s decision on this past week. "I heartily commend those sisters who have launched this movement,” said Modi. “I am confident that the country will help them in this struggle."

This oral form of divorce has been contested by women in India just years after it’s inception in 1937. The practice itself, which is culturally frowned upon but still a legal form of divorce in India, requires a man to simply say the Muslim word for divorce “talaq” three times.

The message can be delivered by either a man or woman orally, through writing, and can also be sent through SMS or social media, without the other spouse present. When Triple Talaq does occur, it usually stems from an outburst of anger, placing great financial and social strain on the dependent divorcing party in this instantaneous divorce.

Victims of Triple Talaq are often left without any financial assistance or spousal support. Additionally, as the practice isn’t illegal, women are left to turn to social groups and activists for assistance, as courts can’t assist in seeking alimony.

While Triple Talaq was legal, culturally, it’s encouraged that each “Talaq” was said over a period of time with a period of reconciliation after each instance. However, it was common to have a man pronounce all three “talaqs” at once. Once this has happened, the wife retains custody of young male children, and pre-pubescent females, outside of those requirements men retain full custody of the children.

India Becomes the Last Muslim Country to Ban Triple Talaq

India has the second largest population of Muslims, second only to Indonesia with 172 million people practicing Islam. However, while countries like Pakistan, Bangladesh, and Saudi Arabia have outlawed Triple Talaq, India continues to recognize the practice.

The thousand year old practice of Triple Talaq has garnered remarkable opposition in recent years, as women have spoken up against the practice creating a million-plus petition to end the practice just this past March.

Prime Minister Modi has been outspoken against the practice, stating the lives of Muslim women in India are being ruined with just three words.

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By Michael Burton| August 22, 2017

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