India may Start Jailing for ‘Instant Divorce’ Still Used by Local Muslims

Triple-Talaq on its way out in most of India

© Cathal McNaughton / Reuters

A law has reportedly been drafted in India to ban the controversial practice of instant divorce, known as triple talaq, with violators facing three years in jail. Dozens of Muslim men still use the practice yearly, including by means of WhatsApp or SMS.

The draft law – entitled the Muslim Women Protection of Rights on Marriage Bill – was sent to the authorities of Indian states on Friday, a senior government official said as reported by The Indian Express. 

“Triple talaq” amounts to divorce in traditional Muslim circles in India, although it is considered to be a glaring misinterpretation of the Koran. The apocryphal ritual is performed when a husband utters the Arabic word ‘ṭalaq,’ meaning “I divorce you,” to his wife three times.

The draft law was prepared by an inter-minister group led by Home Minister Rajnath Singh. The document states that a woman whose husband gave her a triple talaq can report him to authorities and demand “subsistence allowance” for herself and minor children, NDTV reported. 

Should a husband decide to give his wife an instant divorce online (via e-mail, WhatsApp or SMS), such a procedure will also be illegal, the draft clarifies. “The provision of subsistence allowance and custody has been made to ensure that in case the husband asks the wife to leave the house she should have legal protection,” the official said.

The draft comes as the practice of “instant divorce” continues across India: “There have been 177 reported cases of instant talaq before the judgement and 66 after the order this year... Uttar Pradesh tops the list. Hence, the government planned a law.”

The law can be applied everywhere in India, except Jammu and Kashmir province, which has a Muslim-majority population. It is not clear exactly why this bill won’t be applied there.

A range of Muslim-majority countries, such as Turkey, Egypt, Bangladesh and Pakistan, have long since abolished the instant divorce. However, it remains legal under Indian law. In April this year Prime Minister Narendra Modi gave his opinion of the triple talaq by saying that “injustice should not be done to Muslim women.” 

Muslim 'Instant Divorce' Unconstitutional, India's Supreme Court Rules

By Ed Adamczyk  

Muslim women in Mumbai protest the practice of "instant divorce" or "triple talaq" by which a Muslim man can divorce

his wife by announcing it three times. India's Supreme Court ruled Tuesday that the practice is unconstitutional.

Photo by Divyakant Solang/EPA

UPI -- India's Supreme Court declared the "instant divorce" practice among the nation's Muslim population to be unconstitutional Tuesday after decades of campaigns by women's groups.

The court, by a 3-2 vote, struck down the legality of a divorce by which a Muslim man can formally dissolve his marriage to his Muslim wife by simply repeating "talaq," or "divorce," three times.

The "triple talaq" process typically leaves the wife with no alimony or other compensation. 

A survey in India, conducted in 2015 by the Muslim women's activist group Bharatiya Muslim Mahila Andolan, indicated that one in 11 Muslim women were subjected to the triple talaq.

Some Muslim clerics have also recognized instant divorces if the word "talaq" is texted or emailed to the wife, The Guardian reported Tuesday.

The court determined that the practice is discriminatory to women. The ruling noted that the triple talaq was "not integral to religious practice, and violates constitutional morality," and thus is not fundamental to Islam and does not have constitutional protection.

Indian Prime Minister Narendra Modi, who supported the petition to the court, said the ruling "grants equality to Muslim women and is a powerful measure for women empowerment."

The court did not rule on other forms of divorce within Muslim law, where reconciliation is possible. The verdict only concerns "instant divorce," in which there is no counseling or compromise.

The "triple talaq" practice has already been banned in Pakistan, Bangladesh and much of the rest of the Muslim world.

"It's a very happy day for us. It's a historic day," Zakia Soman, co-founder of Bharatiya Muslim Mahila Andolan, said. "We, the Muslim women, are entitled to justice from the courts as well as the legislature."