Triple talaq in India
Form of Islamic divorce / From Wikipedia, the free encyclopedia
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Triple talaq (instant divorce)[1] and talaq-e-mughallazah (irrevocable divorce)[2] are now-banned means of Islamic divorce previously available to Muslims in India, especially adherents of Hanafi Sunni Islamic schools of jurisprudence.[3][4] A Muslim man could legally divorce his wife by proclaiming three times consecutively the word talaq (the Arabic word for "divorce") (in spoken, 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 (Article 44) in India.[5] On 22 August 2017, the Indian Supreme Court deemed instant triple talaq (talaq-e-biddah) unconstitutional.[6][7][8] Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional.[9] The remaining two declared the practice to be constitutional.[10] 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.[11] Three of India's neighbouring countries — Pakistan, Bangladesh and Sri Lanka — are among the 23 countries worldwide that have banned triple talaq.[12] The Quran describes mechanisms for avoiding hasty divorces, prescribing two waiting periods of three months before the divorce is final in order to give the husband time to reconsider his decision.[13] A bench of the Supreme Court of India has stated that the practice of divorce for Muslim men through, "Talaq-e-Hasan" which is pronounced once a month over a period of three months is allowed and a Muslim woman can also part ways with her husband through "khula (mutually agreed divorce)".[14][15]
However, Muslim men are still allowed to be polygamous and can also give a divorce easily by paying paltry sums.[16]