Triple talaq in India

The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code (Article 44, a Directive Principle of state policy, Constitution of India) in India. On 22 August 2017, the Indian Supreme Court tagged instant triple talaq (talaq-e-biddah) as unconstitutional. Three of the five judges in the panel concurred that the practice of triple talaq is unconstitutional. The other two declared the practice to be constitutional.
However, unconstitutionality is not the same as being declared illegal. India's Muslim neighbours are among 23 countries that have banned triple talaq already. The Quran established means to avoid hasty divorces. It prescribes two waiting periods of three months before the divorce is final in order to give the husband time to reconsider his decision. On 30 July 2019, the Parliament of India declared the practice of Triple Talaq illegal and unconstitutional, and made it a punishable act from 1 August 2019 which is deemed to be in effect from 19 September 2019.

Talaq-e-Ahsan and Talaq-e-Hasan however, remain legal. In Talaq-e-Hasan, the husband says "talaq" only once a month, usually when the wife is not menstruating. The couple then waits for a month following the initial declaration. The marriage remains intact and the couple can reconsider and make amends if the husband does not repeat the term the following month. The divorce however, becomes official if the husband says it three times within the third month. In Talaq-e-Ahsan, the  husband says "talaq" once and waits for a three-month iddat, or waiting period. The divorce is deemed void if the couple gets back together and moves back in together before the three months have passed. However, if reconciliation doesn't take place during this waiting period, it becomes final.

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Category:Family
Category:Islam in India