Review on Triple Talaq Within the Islamic Legislations

Abstract

There are three forms of talaq (divorce): Ahsan, Hasan and Talaq-e-Biddat (triple or instant talaq). Ahsan and Hasan are revocable. Biddat — pronouncing divorce in one go by the husband — is irrevocable. Biddat is considered ‘sinful,’ but permissible in Islamic law. An anecdote in this context is about two men meeting in Medinah. The first man asks whether the second has divorced his wife, to which the latter replies that he has done so a thousand times. The man was produced before Caliph Umar, who whipped him. After the lashing, Umar told the man “triple talaq will suffice you.” The All India Muslim Personal Law Board (AIMPLB) holds that for the Hanafis, who make up more than 90% Sunnis in India, triple talaq is a matter of faith followed for 1,400 years. The practice faced opposition from Muslim women, some of whom filed a public interest litigation in the Supreme Court against the practice, terming it "regressive". The petitioners asked for section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, to be scrapped, describing it as being against Article 14 of the Constitution (equality before law). The Supreme Court by its verdict on 22nd May 2017 banned Triple Talaq in India.