SC declares triple talaq is unconstitutional


Triple talaq also knows as Irrevocable Divorce is a kind of divorce practiced by the Muslims in India. It has been subject of controversy in the country.

What is triple talaq?

First, before understanding what triple talaq is, we must understand what ‘Nikah’ is (Marriage) stands for in Islam. Nikah is basically the contract laid down in ‘Nikahnama’ Drawn between husband and wife. This contract can have conditions and has a compulsory ‘Consideration’ (Meher) to be paid at the time of the marriage. This consideration is Paid by the man to the wife and can be at time waived off by the woman as per her Own will. So the basic difference between a Hindu Marriage and a Muslim Marriage is that for Hindus, marriage is a divine sacrament whereas, for Muslims, it is a contract drawn between the husband and the wife.

So to explore triple talaq, one must understand that in Islam, everything is Followed as per Sunnah. Hence, most Muslim women opposing ‘triple talaq’ want the Muslim bodies to adopt ‘Talaq-e-Sunnah’ and discard  ‘Talaq-e-biddah’.

Now, let’s see what is ‘Talaq-e-Sunnah’?

Giving a talaq to wife in fury or instant age is not prohibited.The Quran advises. The husband to settle the differences through mutual conversation as a first step. This first step is known as a Fa’izu hunna. If the differences continue between the husband and the wife, the parties should stay away from each other still there dispute Are settled. This step of physical separation is known as Wahjuru Hunaa. The intention Behind this step is that the couple reunites. If this step fails then the thirds Step is Wazribu hunna. In this is recommended that husband must attempt to talk to his Wife and try to make peace with her.

If all these 3 steps fails then the fourth step is of ‘arbitration’ must be followed In this step a member from each of spouse family is present and parties try to Change their relationship. It is only after the fourth step fails then the first talaq Pronounced. The husband has to compulsory wait for wife’s iddah to complete before pronouncing Another talaq. During the stage of iddah not more than 2 talaq can be pronounced. Iddah is a period during which the women cannot marry another man during this period iddah is 3 months. But if the women are pregnant than the iddah would be till the Child is born during idaah a man cannot give the 3rd talaq. Once the iddah is over The man can give the third iddah.

So it ensures that the both of the spouse gets the maximun time to sort out there difference which is not possible in Talaq-e-Bindah(3 talaq).

Now let’s look what is instant Talaq or 3 talaq?

Triple Talaq is a form of divorce practiced in India. Whereby a Muslim man can legally Divorce his wife by pronouncing talaq three times. The pronouncement can be oral or Written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man need not cite any cause for the divorce and the wife need not be present at the time of pronouncement. This instant talaq is essential ‘Talaq-e-Biddah’. ‘Biddah’ means innovation and essentially all Muslims are advised against introducing ‘biddahs’ in their religion.

The Decision:

The Supreme Court by a majority verdict ruled that the practice of divorce through triple talaq among Muslims is “void”, “illegal” and “unconstitutional”. The apex court by 3:2 verdict held that the triple talaq is against the teachings of Quran.



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