Triple Talaq: Legal Analysis, Reforms, And Impact In India

Introduction to Talaq

In Muslim law the marriage can be dissolved through a process which is known as talaq, which is an important part of Divorce Law under Family Law. There are different forms of talaq and the triple talaq is one of it. According to triple talaq, the husband can grant his wife a divorce by pronouncing the word talaq three times in a row. The physical presence of the wife as well as a valid excuse is not mandatory. As per the shariah law (Muslim law), the rejection of the union of marriage by the husband is referred to as talaq. The triple talaq is a common practice in India since ancient times and has long been debated under family law and divorce law frameworks.

The shariah, as understood by Islamic jurisprudence historically set the rules for divorce, though they varied based on the different legal schools. The Muslim personal law became codified in modern times. The concept of triple talaq is an old practice which is prevailed for the past 1400 years among Sunni Muslims and this is nowhere mentioned in the quran or the shariah law. According to the quran, the relationship between husband and wife should ideally be founded on love, and the significant decisions affecting both spouses should be made by mutual consent, which aligns with principles often emphasized in family law.

What is Talaq?

Talaq is an Arabic word which simply means divorce and is recognized within Islamic divorce law. It is applicable in all circumstances of marital dissolution. So there are two meanings of talaq first one is In a basic form, it only refers to separation brought about by the husband using proper words. Second is In a broad sense, it refers to all divorces brought on by husband-related issues. The word “talaq” in Islam refers to the husband’s perpetual and unrestricted ability to divorce his wife. According to Islamic law, divorce refers to any separation initiated by the husband. Repudiation, khula, and mubarat are also included in it. Without the involvement of the court, the husband may give the talaq. Conditions have been set by Muslim law on the husband’s use of his authority. According to Islam, there are two types of talaq: those that the Prophet Mohammed recognised and those that he did not. It was once believed that Muslim women could not legitimately request the dissolution of their marriages. Muslim women now have the option, in some situations, of separating from their spouses, which is now addressed more clearly in modern family law and divorce law discussions.

Types of talaq

Talaq-ul-sunna

Talaq-ul-Ahsan: It involves a single declaration of talaq made by the husband during a period of tuhr (the time between a woman’s menstrual cycles), or at any time if the wife is not menstruating. After this declaration, the husband must avoid any sexual relations with his wife during the iddat period.

The declaration of talaq under this method must be spoken; a written talaq does not need to follow the tuhr requirement. This rule does not apply if the wife has not yet reached the age of menstruation, if the couple has been living apart for a long time, or if the marriage was never consummated.

Talaq-ul-Hasan: In Talaq-ul-Hasan, the husband must pronounce the formula of talaq once during each of three consecutive tuhrs (periods between the wife’s menstrual cycles). If the wife menstruates, there should be a gap of about one month or thirty days between each pronouncement.

The third and final pronouncement makes the divorce final and irrevocable.All three declarations must be made during periods in which no sexual relations have taken place[1].

Triple Talaq (Talaq-ul-Bidat):

The Quran does not contain any verse that supports or approves the practice of triple talaq. According to Hadith, the Prophet Muhammad was displeased when someone pronounced triple talaq at once and described it as “playing with the Book of God while I am still alive.”

Many years after the Prophet’s death, Caliph Umar allowed the use of triple talaq in certain situations, mainly at the request of wives who wanted relief from irresponsible husbands. However, he permitted it only after punishing the husband with flogging for misusing talaq. Over time, this exceptional measure came to be treated as a strict rule, even though it went against the principles of justice and fairness.

It is surprising that a form of divorce considered improper and unacceptable by many Islamic scholars later became treated as valid by some legal systems. In India, many Muslim men came to believe—incorrectly—that triple talaq is the only or primary method of divorce, ignoring the proper Islamic procedures described in the Quran and Sunnah.

Despite criticism from respected scholars, some theologians still claim that triple talaq is effective even when it is spoken in anger or without intention. The misuse of this practice has grown to such an extent that some men have attempted to divorce their wives through phone calls, SMS, or emails, which goes completely against the true spirit and purpose of Islamic law.

What is triple talaq?

Triple talaq, also known as talaq-ul-bid‘at, is a form of divorce where the husband pronounces the word talaq three times at once, making the divorce immediate and irrevocable. This practice was introduced in the second century of the Islamic era, during the time of the Umayyad rulers. They felt that the restrictions placed by the Prophet on divorce were too strict, so they permitted a quicker method, even though it went against the original Islamic teachings.

In Amiruddin v. Mst. Khatun Bibi[2], the court noted that although triple talaq became part of Sunni practice, it is considered the worst and most improper form of divorce because it removes all necessary procedures and makes the divorce final instantly.

In Mohd. Usman v. Smt. Gulshan Ara[3] , the Family Court in Roorkee refused to grant the husband a declaration of divorce. He then appealed to the Uttarakhand High Court, claiming he had pronounced triple talaq before a public gathering and informed his wife. He argued that his wife was still claiming maintenance under Section 125 CrPC even though he had divorced her. The wife denied the divorce. The High Court stated that, under Muslim personal law, a husband can divorce his wife even without giving a specific reason[4].

Triple Talaq’s Constitutionality

In addition to being against the Quran, the practice of triple talaq constitutes a breach of the citizens’ Fundamental Duty under the Indian Constitution to “renounce practices insulting to the dignity of women” [Article 51-A (e)], and as a result, it cannot be enforced by the courts.

The judicial enforceability of triple talaq under the Muslim Personal Law (Shariat) Application Act 1937 was challenged for its constitutional validity in Madras. The case was decided soon after the Supreme Court’s Shamim Ara ruling. The court noted that the reference to talaq under the 1937 Act had to be understood appropriately because the highest court had already declared that a talaq would not be effective unless delivered in accordance with the manner provided in Islamic sources.

Law And Legislation

Shayara Bano vs Union Of India And Ors.

Shayara Bano and Rizwan Ahmed were married in April 2002 in Uttar Pradesh. Ms. Bano stated that her husband forced her family to give dowry, and when they could not provide more money, she was drugged, abused, and eventually abandoned when she fell ill.

In October 2015, Mr. Ahmed divorced her through talaq-e-biddat (triple talaq)—a practice where a husband can instantly divorce his wife by saying “talaq” three times. The wife’s consent is not required under this custom.

In February 2016, Ms. Bano filed a writ petition before the Supreme Court challenging the validity of triple talaq, polygamy, and nikah-halala.

• Polygamy allows a Muslim man to have more than one wife.
• Nikah-halala requires a divorced Muslim woman to marry and divorce another man before she can return to her first husband.

Ms. Bano argued that these practices violated her fundamental rights, including equality, freedom from discrimination, and the right to live with dignity. She also argued that these practices could not be protected under the freedom of religion because that freedom is limited by public order, morality, and other constitutional rights.

On February 16, 2017, the Supreme Court asked the All India Muslim Personal Law Board (AIMPLB), the Union Government, and women’s rights groups to submit written responses. All groups except the AIMPLB supported Ms. Bano.
The AIMPLB admitted that talaq-e-biddat was condemned under Shariat but argued that uncodified Muslim personal law could not be challenged in court and that the practice was protected under the right to religion.

A five-judge Constitution Bench—comprising Justices Abdul Nazeer, Kurian Joseph, R.F. Nariman, U.U. Lalit and Chief Justice J.S. Khehar—heard the case from May 11 to May 19, 2017. The judgment was delivered on August 22, 2017.

By a 3:2 majority, the Court held that talaq-e-biddat is “manifestly arbitrary” and unconstitutional.

• Justices Nariman, Lalit, and Joseph struck it down.
• Chief Justice Khehar and Justice Nazeer dissented, holding that triple talaq was protected by the right to religion and that Parliament should make a law to regulate it.[5]

The Muslim Women (Protection Of Rights On Marriage) Act 2019

Following the Supreme Court’s 2017 judgment in the Shayara Bano case, where a five-judge bench declared triple talaq (talaq-e-biddat) unconstitutional, the government decided to bring a law to completely ban the practice. Triple talaq had long faced legal, social, and religious criticism, which strengthened the need for legislation.

The Triple Talaq Bill was first passed in the Lok Sabha in December 2018. The Rajya Sabha later approved it with 99 votes in favour and 84 against. On June 21, 2019, the Bill was reintroduced in the Lok Sabha by the then Law Minister Ravi Shankar Prasad. Finally, on July 30, 2019, both Houses of Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill, 2019, also known as the Muslim Women Bill.

This Act made instant triple talaq illegal and void.
From August 1, 2019, any form of triple talaq—whether spoken, written, or sent through electronic means like SMS, email, or WhatsApp—is a criminal offence.

Under the Act:

• A Muslim husband who pronounces instant triple talaq can be punished with up to three years of imprisonment and a fine.
• The offence is non-bailable.
• The wife is entitled to maintenance for herself and her dependent children.
• She is also entitled to custody of minor children, as determined by the magistrate.

The Act aims to protect the rights, dignity, and security of Muslim women by ensuring that the practice of instant divorce cannot continue.

Additional Read: Alimony and Maintenance for Women: What the Law Says After Separation

Significance of Muslim Women Rights Day in Upholding Justice

Eliminating Triple Talaq has aided in the freedom of women and given them respect in society. By enacting the law against the Triple Talaq, the government has improved the “self-reliance, self-respect, and self-confidence” of the nation’s Muslim women and safeguarded their fundamental, democratic rights and constitutional.

Within a year of the Act’s passage, the number of triple talaq cases fell by 82%.

On August 1st 2021, “Muslim Women Rights Day” was commemorated nationwide to commemorate the passage of the law banning triple talaq.

The government’s legislative involvement has resulted in a significant decrease in Triple Talaq incidents, according to multiple sources, including State police authorities.

Take Action Today to End Prejudice and Support Women’s Progress

The most recent regulation is actually encouraging for India’s push for women’s emancipation. The court has advanced ideas of personal law in society. The elimination of Triple Talaq would prevent future prejudice and injustice against Muslim women. To end this practice, society should also speak out against this societal injustice. For legal support and any marriage dispute, contact Office of Advocate at +91-9902799884.The advancement of the country depends greatly on the empowerment of women.