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The Criminalisation Of Triple Talaq




Riya Narayanan, IFIM Law School


Introduction


The triple talaq or talaq-e-buddha is the practice among Muslim communities where the man has the right to divorce his wife simply by uttering the word talaq three times in a row without his wife’s consent. This can be done in any way, from saying the words orally or writing them down to simply sending a text message or an email.


A lot of India’s neighbours including Pakistan and Bangladesh had banned the triple talaq before India did. The Supreme Court of India deemed the practice of instant triple talaq unconstitutional in August 2017 after Shayara Bano, a woman who was divorced by the instant triple talaq, filed a petition in Shayara Bano vs Union of India and others.1


With the support of the union of India and multiple women’s rights organisations, the plea was heard and the instant triple talaq was deemed unconstitutional.


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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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