Triple talaq in India facts for kids

The debate about instant triple talaq in India was a very important discussion involving the country's government and its highest court. This discussion was also linked to the idea of a uniform civil code, which is a rule in India's Constitution (Article 44) that suggests all citizens should follow the same laws for things like marriage and divorce, no matter their religion.

On August 22, 2017, the Supreme Court of India made a big decision. They said that instant triple talaq, also known as talaq-e-biddah, was against the rules of the Constitution. Five judges were on the panel, and three of them agreed that this practice was unconstitutional. The other two judges thought it was constitutional.

However, being "unconstitutional" is not exactly the same as being "illegal." Many other countries, including India's Muslim neighbors, had already banned triple talaq. The Quran, which is the holy book of Islam, actually has ways to prevent quick divorces. It suggests two waiting periods of three months before a divorce is final. This gives the husband time to think again about his decision.

Later, on July 30, 2019, the Parliament of India took another step. They passed a law that made the practice of Triple Talaq both illegal and unconstitutional. This law made it a punishable act starting from August 1, 2019, though it was officially considered in effect from September 19, 2019.

What is Triple Talaq?

Triple talaq was a way for a Muslim man to divorce his wife very quickly. He could say the word "talaq" (which means "divorce") three times to his wife. This could be done in person, by letter, or even over the phone or through text messages. After saying "talaq" three times, the divorce was considered final right away.

Why Was it Controversial?

This practice was controversial because it allowed for an instant divorce. There was no waiting period, and the husband did not need to give a reason. Many people felt this was unfair to women. It meant a woman could be divorced suddenly, without any chance to talk things over or try to fix problems in the marriage.

India's Supreme Court Decision

The Supreme Court of India is the highest court in the country. It makes sure that laws follow the Constitution. Many people, especially Muslim women, asked the Supreme Court to look at triple talaq. They argued that it was unfair and went against their basic rights.

On August 22, 2017, the Supreme Court made its decision. A special group of five judges heard the case.

• Three judges decided that instant triple talaq was against the Constitution. They said it was not fair and violated women's rights.
• Two judges disagreed. They thought the practice was allowed under religious freedom.

Because most of the judges agreed, the Supreme Court declared instant triple talaq unconstitutional.

Parliament Makes it Illegal

Even after the Supreme Court's decision, some people still used instant triple talaq. So, the Government of India decided to make a new law. The Parliament of India is like the country's law-making body.

On July 30, 2019, the Parliament passed a law called the Muslim Women (Protection of Rights on Marriage) Bill. This law made instant triple talaq a crime. If a man used instant triple talaq, he could face punishment. This law officially came into effect on August 1, 2019.

What the New Law Means

The new law means that instant triple talaq is now illegal in India. It gives Muslim women more protection and rights in marriage. It also encourages divorces to happen in a more fair and thoughtful way, similar to how other divorces happen in India.

Triple Talaq Around the World

India was not the first country to ban instant triple talaq. Many other countries, especially those with large Muslim populations, had already stopped this practice. These countries include Pakistan, Bangladesh, Egypt, and many others. They often have laws that require a proper process for divorce, with waiting periods and attempts to reconcile.

The Uniform Civil Code Connection

The debate about triple talaq is also connected to a bigger idea in India: the uniform civil code.

• A uniform civil code would mean that all citizens in India, no matter their religion, would follow the same laws for personal matters like marriage, divorce, adoption, and inheritance.
• Currently, different religious groups in India have their own personal laws.

The discussion around triple talaq brought up the question of whether India should move towards having one set of personal laws for everyone.