India Ends Instant Divorce

I heard about this on the BBC yesterday.

This is going to be hard to enforce. The Triple Talaq is part of the Quran and Hadith. Under Islamic law, once a marriage is consummated, a wife has no right to divorce her husband without his permission, even though she may be cast out at will for any reason.

It’s discussed in the Indian Express

India’s Supreme Court delivered a landmark ruling prohibiting the practice of instant “triple talaq” divorces as “unconstitutional.”

Triple talaq refers to a form of Islamic divorce in which the husband can divorce his wife simply by saying the word “talaq” (divorce) three times. Wives have been left destitute after their husbands divorced them using this method, which was taking place even via Skype and WhatsApp.

The decision was 3-2 and judges considered the practice “arbitrary.”

Indian Prime Minister Narendra Modi hailed the decision as “historic,” saying it “grants equality to Muslim women and is a powerful measure for women[‘s] empowerment.”

In India, Muslim marriages are regulated according to Muslim Personal Law which empowers sharia courts to determine marriage cases, as well as matters of child custody, inheritance and adoption.

The decision will only impact triple talaq divorce cases and will not change the way in which Muslim marriages are regulated in general.