Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim personal law) in “even theocratic Islamic states” as evidence of the need for reform.  The Court … Continue reading Shayara Bano v. Union of India, etc. (Supreme Court of India): Judgment on Constitutionalism of Triple Ṭalāq

NY Court Ruling Against a Muslim Man’s Attempt to Unilaterally Divorce His Wife

Abed Awad, U.S. Editor, summarizes one of his recent cases on family law in which the defendant claims his maʿzūn-authenticated ṭalāq defers judgment of the divorce to the Family Court in Egypt. A revocable ṭalāq is not a final divorce to defeat a pending New York divorce action, said the New York Apellate Division The story of Fouad v. … Continue reading NY Court Ruling Against a Muslim Man’s Attempt to Unilaterally Divorce His Wife

Women’s Right to Divorce under Islamic Law in Pakistan and India

Indian Muslim women's rights are once again manifesting as debates about talaq (divorce). Shayara Bano, who holds an advanced degree in sociology, petitioned the Indian Supreme Court last year to rule on the constitutionalism of triple-ṭalāq, in which a Muslim husband may divorce his wife by simply saying "ṭalāq" three times with our without her consent. After she suffered … Continue reading Women’s Right to Divorce under Islamic Law in Pakistan and India

CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India

South Asia editor Jeff Redding argues that the "state vs. non-state character of talaq" is too often overlooked as a factor influencing the Indian Supreme Court's decision in the landmark case Shamim Ara v. State of U.P. (2002). While the decision's positive effect on Muslim women's welfare in India cannot be denied, the contemporary Indian state's concerns about presenting itself as a … Continue reading CASE COMMENT: Shamim Ara and the Divorce Politics of a Secular and Modern India