Triple Talaq and Muslim Personal Law in India: A Socio Legal Perspective

Triple talaq (talaq-e-biddat) is a form of Islamic divorce wherein a Muslim man could unilaterally divorce his wife by pronouncing “talaq” three times in one sitting. Though debated within Islamic jurisprudence, the practice was legally recognized in India for decades under Muslim Personal Law. The practice came under national scrutiny due to its arbitrary nature and its adverse impact on the rights of Muslim women. The landmark Supreme Court decision in Shayara Bano v. Union of India (2017) declared instant triple talaq unconstitutional, followed by the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019, which criminalized the practice. This paper explores the religious and historical background of triple talaq, evaluates its constitutional validity, analyses the legal reforms and their socio-legal impact, and discusses future directions for gender justice within religious personal laws.