In the News: Triple Ṭalāq Criminalized in India

About three months ago, the Indian government formally criminalized “triple ṭalāq” divorce—an instant and irrevocable divorce under some versions of Islamic law where a husband can unilaterally divorce his wife by saying the word ṭalāq (divorce) three times. The Supreme Court of India had ruled last August that the practice of “triple ṭalāq” was unconstitutional. … Continue reading In the News: Triple Ṭalāq Criminalized in India

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