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1. threethree
divorcedivorce
mattermatter

2. What is TripleWhat is Triple
Talaq?Talaq?•
Triple Talaq also known as Talaq-e-MugallazahTriple Talaq also known as Talaq-e-Mugallazah
or Irrevocable divorce is a form of divorce that isor Irrevocable divorce is a form of divorce that is
practiced by Muslims in India .practiced by Muslims in India .
•
It has been a subject of controversy and debatesIt has been a subject of controversy and debates
within the country raising the issues of justice ,within the country raising the issues of justice ,
gender equality , human rights and secularism .gender equality , human rights and secularism .
•
The Government of India and the Supreme CourtThe Government of India and the Supreme Court
of India have been involved in addressing theof India have been involved in addressing the
issues .issues .
•
The issue has also caused a debate on the need forThe issue has also caused a debate on the need for
a Uniform Civil Code in India .a Uniform Civil Code in India .

3. Practice of triPlePractice of triPle
talaqtalaq●A Muslim man can legally divorce his wife byA Muslim man can legally divorce his wife by
pronouncing talaq three times .pronouncing talaq three times .
●The pronouncement can be oral or written or inThe pronouncement can be oral or written or in
recent times delivered by electronic means such asrecent times delivered by electronic means such as
telephone, SMS, email or social media .telephone, SMS, email or social media .
● It has become common to make all threeIt has become common to make all three
pronouncements in one sitting .pronouncements in one sitting .
●A divorced woman may not remarry her divorcedA divorced woman may not remarry her divorced
husband unless she first marries another man, ahusband unless she first marries another man, a
practice called Nikah Halala .practice called Nikah Halala .
●The All India Muslim Personal Law BoardThe All India Muslim Personal Law Board
(AIMPLB), has told the Supreme Court that women(AIMPLB), has told the Supreme Court that women
can also pronounce triple talaq, and can executecan also pronounce triple talaq, and can execute
nikahnamas that stipulate conditions so that thenikahnamas that stipulate conditions so that the
husbands cannot pronounce triple talaq .husbands cannot pronounce triple talaq .

4. BACKGROUND OFBACKGROUND OF
TRIPLE TALAQTRIPLE TALAQ

The Muslim family affairs in India are governed byThe Muslim family affairs in India are governed by
the Muslim Personal Law (Shariat) Application Act,the Muslim Personal Law (Shariat) Application Act,
1937 (Muslim Personal Law), one of the first acts to1937 (Muslim Personal Law), one of the first acts to
be passed after the Government of India Act, 1935be passed after the Government of India Act, 1935
became operational, introducing provincial autonomybecame operational, introducing provincial autonomy
and a form of dyarchy at the federal level .and a form of dyarchy at the federal level .

The Shariat is open to interpretation by the ulamaThe Shariat is open to interpretation by the ulama
(class of Muslim legal scholars). The ulama of Hanafi(class of Muslim legal scholars). The ulama of Hanafi
Sunnis consider this form of divorce binding,Sunnis consider this form of divorce binding,
provided the pronouncement was made in front ofprovided the pronouncement was made in front of
Muslim witnesses and later confirmed by a ShariaMuslim witnesses and later confirmed by a Sharia
court .court .

Scholar Aparna Rao states that, in 2003, there wasScholar Aparna Rao states that, in 2003, there was
an active debate among the ulama.an active debate among the ulama.

In traditional Islamic jurisprudence, triple talaq isIn traditional Islamic jurisprudence, triple talaq is
considered to be a particularly disapproved, butconsidered to be a particularly disapproved, but
legally valid form of divorce .legally valid form of divorce .

Muslim couples in India are not required to registerMuslim couples in India are not required to register
their marriage with civil authorities .their marriage with civil authorities .


6. OPPOSITION OF TRIPLE TALAQOPPOSITION OF TRIPLE TALAQ
The practice has faced opposition from various
Muslim women . Some of them have filed PIL in
Supreme Court of India against the practice
terming it as "regressive” .

The petitioner has asked for scrapping of
section 2 of the Muslim Personal Law (Shariat)
Application Act, 1937, terming it against the
Article 14 of the Constitution.

During the hearings before its final judgment,
the Supreme Court of India, on 13 May 2017, has
described Triple Talaq as the "worst form of
marriage dissolution". It also noted that the
custom is banned in Muslim-majority countries

7. 
PrimeMinisterNarendraModihas raisedtheissueofPrimeMinisterNarendraModihas raisedtheissueof
TripleTalaqseveral times. On29April2017, heTripleTalaqseveral times. On29April2017, he
commentedthat reformers fromMuslimcommunitycommentedthat reformers fromMuslimcommunity
wouldcomeforwardto protect womenfrombadwouldcomeforwardto protect womenfrombad
effects of TripleTalaq. Hesaid, theMuslimeffects of TripleTalaq. Hesaid, theMuslim
communityshouldnot allow theissueto bepoliticised.communityshouldnot allow theissueto bepoliticised.
On9May2017, hetoldadelegationof 25MuslimOn9May2017, hetoldadelegationof 25Muslim
leaders fromJamiat Ulama-i-Hindto taketheleaders fromJamiat Ulama-i-Hindto takethe
responsibilityforinitiatingreforminthis regard.responsibilityforinitiatingreforminthis regard.

OnMay10, 2017, seniorcleric MaulanaSyedOnMay10, 2017, seniorcleric MaulanaSyed
ShahabuddinSalafiFirdausi has denouncedTripleShahabuddinSalafiFirdausi has denouncedTriple
TalaqandHalala, callingthemun-Islamic andTalaqandHalala, callingthemun-Islamic and
instruments to oppress women.instruments to oppress women.

8. SUPPORTSUPPORT➔The Al l I ndi a Mus l i mPers onal LawThe Al l I ndi a Mus l i mPers onal Law
Board (AI MPLB) def ends t he pract i ce.Board (AI MPLB) def ends t he pract i ce.
➔ I n Apri l 2017, ci t i ng a report preparedI n Apri l 2017, ci t i ng a report prepared
by Mus l i mMahi l a Res earch Kendra i nby Mus l i mMahi l a Res earch Kendra i n
coordi nat i on wi t h Shari ah Commi t t eecoordi nat i on wi t h Shari ah Commi t t ee
f or Women, AI MPLB has cl ai med t hatf or Women, AI MPLB has cl ai med t hat
Mus l i ms have a l ower rat e of di vorceMus l i ms have a l ower rat e of di vorce
compared t o ot her rel i gi ouscompared t o ot her rel i gi ous
communi t i es , count eri ng t he argumentcommuni t i es , count eri ng t he argument
t hat Mus l i ms have hi ghes t number oft hat Mus l i ms have hi ghes t number of
di vorce i n t he count ry due t o t hedi vorce i n t he count ry due t o t he
pract i ce of Tri pl e Tal aq. I t al s opract i ce of Tri pl e Tal aq. I t al s o
cl ai med t hat i t had recei ved f orms f romcl ai med t hat i t had recei ved f orms f rom
3.5 crore Mus l i mwomen acros s t he3.5 crore Mus l i mwomen acros s t he
count ry, s upport i ng Shari at and Tri pl ecount ry, s upport i ng Shari at and Tri pl e
t al aq.t al aq.

9. MEASURESMEASURES➢
AIMPLB issued a code of conduct inAIMPLB issued a code of conduct in
April 2017 regarding talaq in responseApril 2017 regarding talaq in response
to the controversy over the practice ofto the controversy over the practice of
Triple Talaq. It also warned that thoseTriple Talaq. It also warned that those
who divorce for reasons not prescribedwho divorce for reasons not prescribed
under Shariat will be socially boycottedunder Shariat will be socially boycotted
in addition to calling for boycott ofin addition to calling for boycott of
those who use Triple Talaq recklesslythose who use Triple Talaq recklessly
and without justification . In addition, itand without justification . In addition, it
also stated that it should be delivered inalso stated that it should be delivered in
three sittings with a gap of at least onethree sittings with a gap of at least one
month each.month each.

11. WHAT IS TRIPLE TALAQWHAT IS TRIPLE TALAQ
BY THE HINDUBY THE HINDU✗
This has been an issue of concern for over 65 yearsThis has been an issue of concern for over 65 years
for Muslim women, who comprise approximately 8%for Muslim women, who comprise approximately 8%
of the population as per the 2011 census.of the population as per the 2011 census.
✗
There are three forms of talaq (divorce): Ahsan,There are three forms of talaq (divorce): Ahsan,
Hasan and Talaq-e-Biddat (triple or instant talaq).Hasan and Talaq-e-Biddat (triple or instant talaq).
Ahsan and Hasan are revocable. Biddat —Ahsan and Hasan are revocable. Biddat —
pronouncing divorce in one go by the husband — ispronouncing divorce in one go by the husband — is
irrevocable.irrevocable.
✗
Biddat is considered ‘sinful,’ but permissible inBiddat is considered ‘sinful,’ but permissible in
Islamic law.Islamic law.
✗
The All India Muslim Personal Law Board (AIMPLB)The All India Muslim Personal Law Board (AIMPLB)
holds that for the Hanafis, who make up more thanholds that for the Hanafis, who make up more than
90% Sunnis in India, triple talaq is a matter of faith90% Sunnis in India, triple talaq is a matter of faith
followed for 1,400 years.followed for 1,400 years.

12. HOW DID IT COME ABOUTHOW DID IT COME ABOUT
??
✔
On October 16, 2015, the Supreme CourtOn October 16, 2015, the Supreme Court
questioned whether Muslim personal lawquestioned whether Muslim personal law
practices of marriage and divorce reduce womenpractices of marriage and divorce reduce women
to mere chattels.to mere chattels.
✔
In a rare move, it registered a suo motu publicIn a rare move, it registered a suo motu public
interest litigation (PIL) petition titled ‘In Re:interest litigation (PIL) petition titled ‘In Re:
Muslim Women’s Quest for Equality’ to examineMuslim Women’s Quest for Equality’ to examine
whether arbitrary divorce, polygamy and nikahwhether arbitrary divorce, polygamy and nikah
halala (where a Muslim divorcee marries a manhalala (where a Muslim divorcee marries a man
and divorces him to get re-married to her formerand divorces him to get re-married to her former
husband) violate women’s dignity.husband) violate women’s dignity.

13. WHY DOES IT MATTER ?WHY DOES IT MATTER ?
1)1)This has been an issue of concern for over 65This has been an issue of concern for over 65
years for Muslim women, who compriseyears for Muslim women, who comprise
approximately 8% of the population as per the 2011approximately 8% of the population as per the 2011
census.census.
2)2) The Center claimed that instant talaq is notThe Center claimed that instant talaq is not
fundamental to Islam. It promised to bring in a newfundamental to Islam. It promised to bring in a new
divorce law for Muslim men in case the courtdivorce law for Muslim men in case the court
strikes down the three forms of talaq.strikes down the three forms of talaq.
3)3) Where will Muslim men go for divorce if you (theWhere will Muslim men go for divorce if you (the
court) strike down talaq and Parliament refuses tocourt) strike down talaq and Parliament refuses to
pass a new law, the AIMPLB asked.pass a new law, the AIMPLB asked.

15. THANK YOUTHANK YOU