Abstract

Triple talaq, or instant divorce, is a contentious Islamic legal practice that permits a husband to end a marriage by swiftly repeating the word "talaq" (divorce) three times. Discussions on this practice have been triggered by legal, social, and gender views. Legally speaking, there has been much debate over the legitimacy and constitutionality of Triple Talaq. Some contend that it is a basic freedom guaranteed by religious liberty, while others see it as discriminatory and against the rights of women. In this continuing debate, the Indian Supreme Court's historic ruling in 2017 that declared Triple Talaq illegal was a major turning point. Triple Talaq has significant social ramifications for women's empowerment and family dynamics. Critics contend that it exposes women to financial and emotional risk, which frequently results in poverty and social exclusion. On the other hand, advocates argue that it offers a quick fix for unworkable marriages, even if it comes at the price of women's independence. The intricacies underlying Triple Talaq are further clarified by gender viewpoints. Some contend that it upholds unequal power dynamics in marriages and patriarchal traditions, while others say that human agency and cultural factors need to be taken into account. It takes a sophisticated examination of overlapping elements like human rights, tradition, and religion to fully comprehend Triple Talaq. This paper examines the complexities of the Triple Talaq dispute and emphasizes the need for all encompassing strategies that take into account its legal, social, and gender dimensions. The paper examines two cases of Muslim women’s activism in defiance of triple talaq.

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