Page 541 - SSB Interview: The Complete Guide, Second Edition

— Supreme Court of India

1. On 22 Aug 2017, India’s Supreme Court banned “triple talaq”, or instant

divorce, practised by some in the Muslim community, saying it is
“unconstitutional”. The issue has been at the centre of national debate,

ever since a Muslim organisation, Bharatiya Muslim Mahila Andolan

(BMMA), launched a campaign to ban triple talaq.

2. To comprehend the nuances of this very sensitive issue, there is a need
to put the whole practice into perspective and analyse the impact of this

Supreme Court decision vis-à-vis its detractors.

What is Triple Talaq?

3. Triple Talaq is a form of Islamic divorce that has been used by Muslims

in India, especially adherents of Hanafi Sunni Islamic schools of

jurisprudence, which allows any Muslim man to legally divorce his wife
by stating the word “talaq” (the Arabic word for “divorce”) three times

in oral, written, or more recently, electronic form. There was no

requirement of specifying any cause for the divorce and it could be
pronounced even in the absence of the wife. After a period of iddat,

during which it is ascertained whether the wife is pregnant, the divorce
becomes irrevocable.

4. Contrary to the established protocol of giving a time lag after each

pronouncement (to attempt reconciliation), all three pronouncements are

normally made in one sitting. Although the practice is not appreciated, it
was not prohibited. A divorced woman could not remarry her divorced

husband unless she first married another man, a practice called nikah

halala. Until she remarried, she retained the custody of male toddlers
and prepubescent female children. Beyond those restrictions, the

children came under the guardianship of the father.

5. There are three types of divorce under Islamic law, namely, Ahsan,