Talaq Talaq Talaq- Muslim Personal Laws

Tripple Talaq is a form of Islamic divorce in India for the Muslim Community whereby the husband gets the divorce from the wife by saying three times Talaq in a single row without giving any valid reason for the same. This practice is called talaq-e-bidat. Tripple Talaq is a 1400 year old practice among the Muslims. This practice is mentioned neither in the Sharia Law(religious law forming part in the Islamic community) nor in the holy book of Quran.

According to the Quran, it establishes means to avoid divorces made hurriedly, two period of wait for 3 months to give the husband a chance of rethinking about his decision of Talaq.

This shows that there is complete gender inequality amongst the women in the muslim law. They are neither allowed a right on father's property after his death, they are not allowed to made decisions regarding their marriages leading to discrimination against women.

The case of Tripple Talaq gained momentum after the Shah Bano Case filed against her husband Mohmd. Ahmad Khan which was a battle for the rights of Muslim women in India.

Shah Bano filed a petition against her husband who gave her irrevocable talaq and married a second woman. She filed a maintenance lawsuit for her five children and herself in the Supreme Court of India under Section 125 of CPC (Criminal Procedure Code). Khan contested the claim on the basis of Muslim Personal Laws.

The Supreme Court gave a judgement favoring the maintensnce of the divorced woman invoking the section 125 of CPC stating that it is applicable to every citizen of India regardless of caste, religion, creed etc.

This case also invokes the Article 44 of Indian Constitution which states about the Uniform Civil Code across the country regardless of the personal laws.

Tripple Talaq has been declared as unconstitutional in 2017 by the Supreme Court of India which constituted of 5 judge bench,Chief Justice JS Khehar, Justice Kurian Joseph , RF Nariman , UU Lalit and Abdul Nazeer.

Indian prime minister Narendra Modi has spoken a number of times about the equality for Muslim women which has been denied giving the name of personal laws.

A Muslim organisation, Bharatiya Muslim Mahila Andolan (BMMA) started to campaign for the ban on Tripple Talaq and demanding equality in the rights of muslim women which they should be provided in accordance with their rights.