The Dead End of Triple Talaq


Those three diabolic words; “talaq” “talaq” “talaq” were the worst nightmare of any Muslim women. Muslim women have always remained gripped with fear of their husband giving them instant divorce through such draconic practice. Thanks to the remarkable decision taken by the Supreme Court of India taking the decision to abrogate it, allowing Muslim women to get rid of their fears. Supreme Court’s verdict came as a life to the Indian Muslim women.

The Supreme Court finally enunciated its verdict in favor of Muslim women by striking down the nefarious practice of ‘triple talaq’. The five-judge constitutional bench comprising of judges belonging to different religious identity, passed the verdict with 3:2 majorityThe Judges opposed to this practice claimed that triple talaq is not a fundamental part of Quran and therefore, disrespects other tenets of the holy book.

This decision of Supreme Court comes out as a terrible jolt for the extremist Muslim elements and to their interpretations of ‘Sharia Law’. The proponents advocated such practices to further uphold the idea of polygamy, which is also facing considerable protest from Muslim women communities like ‘All India Muslim Women Personal Law Board’ (AIMWPLB).

Politically, this decision can be called a step forward with regard to the formation of Uniform Civil Code law which requires conformity with the constitution in the matters dealing with rights to marriage, divorce, property, and succession. In this manner, numerous personal laws describing the marriage and divorce for each religion will merge into one uniform civil code.  Demographically, the abolition of triple talaq will have effects on the proportion of Muslim population in the long term, though it’s a quite minute aspect.

The verdict received great appreciation from all the corners of the nation. Prime Minister, Narendra Modi and other prominent politicians like; Amit Shah, Maneka Gandhi, and Subramanian Swamy, all welcomed the Supreme Court’s decision humbly. Perhaps there are some people from Muslim sect calling it an anti-Muslim decision. Shayara Bano (women who filed the petition against ‘triple talaq’), claimed it as a “historic day” on the declaration verdict. Other Muslim women who fought against triple talaq consider it as a “half battle won” as the abolition of triple talaq is yet to become law. Hence, a ban has been imposed on the practice until a suitable legislation is passed by the Parliament.  To our amazement, Muslim Law Board (MLB) which initially was opposed to striking triple talaq with unconstitutional status also welcomed this move. MLB further assures its contribution to chalk out a framework in order to scrape off triple talaq.

The decision taken by the Supreme Court to eliminate 1400 years’ practice depicts the evolution of Indian Muslim society from primitive to a modern age now. It fueled upward mobilization of Muslim women and placing them as equals, freeing them from the terror of instant divorce and filling their hearts with elation and jubilation. The new age of Muslim women begins!

About the Author:

Kishlay Sinha (DAV College 10)


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