Analysis of the Triple-Talaq Within the Framework of Judiciary in India With Reforms of Sharia Law

Abstract

Divorce in Islam usually takes variety of forms. The Traditional legal categories of Islamic divorce are talaq (repudiation by husband), khula (buying of freedom by the wife) and mubarat (mutual consent). The rules of divorce have always been governed by Sharia, as interpreted by traditional Islamic jurisprudence. However practices have often digressed from true Islamic spirit.Though Quran is egalitarian and justice its cornerstone but gender inequality of divorce practices that have existed in pre-Islamic Arabia are still vogue. By all reasons, women are particularly vulnerable. Triple-talaq has been an issue of much controversy and debate. The practice has been criticized on grounds of gender justice, equality and human rights. The Supreme Court of India in its landmark judgment on 22nd August 2017, have declared the practice of triple talaq as un-constitutional and has left to the government to legislate on the issue. However, what the court has banned is the ‘instant’ version of triple talaq, where the husband utters the word talaq thrice and capriciously breaks the marriage-bond. It must be pointed out that as regards the Muslim community all issues relating to family sphere are regulated by the Muslim Personal Laws. The Constitution of India lays down that personal laws of the community would remain untouched and all issues where both parties are Muslims should be adjudicated in the light of their personal laws.