Round-up on Triple Ṭalāq

SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India)  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 … Continue reading Round-up on Triple Ṭalāq

In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

The Indian Supreme Court's decision on triple ṭalāq declared it unconstitutional, and gave the legislature six months to decide on appropriate reform. Pakistan editor Zubair Abbasi responds to the decision and outlines considerations the legislature should address. "According to media reports, triple ṭalāq (instant, irrevocable divorce initiated by a husband in some versions of Islamic law) epitomizes … Continue reading In Response to the Indian Supreme Court’s Recent Decision on Triple Ṭalāq: A Legislative Proposal

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

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

The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

Islamic law is before the Supreme Court of India again, with the question of whether triple-ṭalāq is a valid way of dissolving a marriage: by a man simply pronouncing that his wife is divorced by saying that word three times. To understand where the Court might be going requires a bit of background. Following the … Continue reading The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

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

A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils

South Asia editor Jeff Redding compares the British sharīʿa courts debate to similar debates going on in India. He examines the semantic approach of the current debate, and questions whether this approach fully encompasses the issue. Controversies over non-state Islamic dispute resolution have flared around the globe in the last several years, in sites as diverse as Canada, India, and … Continue reading A Court by Any Other Name: State ‘Courts’ and Sharīʿa Councils