Triple Talaq: The Case & its Aftermath : Author: Ketokei Sarah Samanta
Triple Talaq an Islamic divorce practice that allowed a Muslim man to divorce his wife instantly was one of the most controversial practice in India. This practice was made unconstitutional & illegal by Supreme Court in its judgement of the Shayara Bano VS Union of India. This article analyses the practice of Triple Talaq, the case and its aftermath and whether this practice was valid after all or not.
ARTICLE
Abstract
Triple Talaq an Islamic divorce practice that allowed a Muslim man to divorce his wife instantly was one of the most controversial practice in India. This practice was made unconstitutional & illegal by Supreme Court in its judgement of the Shayara Bano VS Union of India. This article analyses the practice of Triple Talaq, the case and its aftermath and whether this practice was valid after all or not.
Introduction
Triple Talaq or Talaq e Biddat was a type of Islamic divorce which was previously available to Muslims in India. In this practice a Muslim man could legally divorce his wife by proclaiming the word ‘talaq’ 3 times consecutively in spoken, written or even through electronic forms. The use and status of Triple Talaq in India has been a subject of controversy and debate. On 22nd August 2017,the five judge Bench pronounced its decision in the Triple Talaq case, declaring that the practice was unconstitutional by a 3:2 majority.
Triple Talaq in Practice
Triple Talaq is a form of divorce that was practised in Islam, whereby a Muslim Man could legally divorce his wife by pronouncing talaq (the Arabic word for divorce) 3 times. The pronouncement could be oral or written or in recent times, delivered through electronic means such as telephone,SMS,email or social media. The husband did not need to cite any cause for the divorce and the wife need not have been present at the time of pronouncement. After a period of iddat, during which it was ascertained whether the wife is pregnant, the divorce then becomes irrevocable. In the recommended practice, a waiting period was required before each pronouncement of Talaq, during which reconciliation was attempted. However, it had become common to make all three pronouncements in one sitting. While the practice was frowned upon, it was not prohibited. A divorced woman could not remarry her divorced husband unless she first married another man, a practice which is called nikah halala.
Triple Talaq Case
Shayara Bano, a 35 year old woman, challenged the practice after getting divorced under the Triple Talaq custom. In 2017, the Supreme Court, in a landmark 3-2 verdict had struck down instant Triple Talaq. Three of the 5 judges on the constitutional bench had called the practice un-islamic and “arbitrary” and disagreed with the view that Triple Talaq was an integral part of religious practice. According to law, erring husbands are liable to serve up to 3 years in prison.
The Aftermath
Even though 9 years have passed but not much has changed for Muslim women. Many Muslim women say that the Triple Talaq ruling has left them in a limbo. The women are still “divorced” as they haven’t been taken back by their husbands yet. Before the Supreme Court ruling, India was among a handful of countries that allowed Triple Talaq. The campaign by Muslim women and activist for outlawing the practice was championed by India’s Bharatiya Janta Party (BJP) government led by Prime Minister Narendra Modi. Observers say that the top court judgement and the law criminalised the practice seem to have brought about a change at the social level. But at the same time, cases of men abandoning their wives appear to have gone up.
Conclusion
The ruling of SC is truly a watershed moment in women empowerment movement in India. The court has given progressive thoughts precedence over personal law in society.
References
1. Triple Talaq Bill – UPSC Notes
https://byjus.com accessed on 21st September 2026
2. Neyaz Farooquee (13th September 2022), Triple Talaq : India Muslim women in Limbo after instant divorce ruling
www.bbc.com accessed on 23rd September 2026