What is Triple Talaq? Why it is crucial for social reformation?

  • | Tuesday | 22nd August, 2017

Supreme Court of India today made landmark judgment scraping ‘Triple Talaq’ in Muslim community for 6 months. The Apex Court has instructed Centre government to make a new law to replace the ‘Triple Talaq’. Three of the five judges hearing the case said it is unconstitutional; the other two wanted it banned for six months till the government introduces new legislation. The majority opinion held that triple talaq "is not integral to religious practice and violates constitutional morality".

Supreme Court of India today made landmark judgment scraping ‘Triple Talaq’ in Muslim community for 6 months. The Apex Court has instructed Centre government to make a new law to replace the ‘Triple Talaq’.

Three of the five judges hearing the case said it is unconstitutional; the other two wanted it banned for six months till the government introduces new legislation. The majority opinion held that triple talaq "is not integral to religious practice and violates constitutional morality".

The judges in favour of a new law wanted the government to take into account the concerns of some Muslim organisations who are critical of any attempts to meddle with religious laws, arguing it curtails their constitutional right to govern their affairs. The All India Muslim Personal Law Board (AIMPLB), a non-governmental body which oversees the application of Muslim personal law, opposed any ban on triple talaq and argues this is a religious matter and not for the courts.

What is ‘Triple Talaq’?
There are three forms of Talaq (divorce)- Ahsan, Hasan and Talaq-e-Biddat . Ahsan and Hasan are revocable while Biddat is a pronouncing divorce in one go by the husband and it is irrevocable.

Biddat is considered as ‘sinful,’ but permissible in religious law. An anecdote in this context is about two men meeting in Medinah.
The All India Muslim Personal Law Board (AIMPLB) holds that for the Hanafis, who make up more than 90% Sunnis in India, triple talaq is a matter of faith followed for 1,400 years.

The move is crucial in the wake of social reforms for women in Muslim community. The develoment is also a blow to selfclaimed regressive people who were opposing the ban on Triple Talaq.


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