TRIPLE TALAQ

                                                      TRIPLE TALAQ

 Triple Talaq also known as talaq-e-biddat, instant divorce and talaq-e-mughallazah irrevocable divorce, is a form of Islamic divorce which has been used by Muslims in India. It allows any Muslim man to legally divorce his wife by stating the word talaq the Arabic word for "divorce" three times in oral, written, or more recently electronic form.

The use and status of triple talaq in India has been a subject of controversy and debate. Those questioning the practice have raised issues of justice, gender equality, human rights and secularism. The debate has involved the Government of India and the Supreme Court of India, and is connected to the debate about a uniform civil code in India. On 22 August 2017, the Indian Supreme Court deemed instant triple talaq talaq-e-biddat unconstitutional. Three judges of the five-judge panel decided that the practice of instant triple talaq was unconstitutional while two judges ruled that the practice is constitutional, but simultaneously asking the government to ban the practice by enacting a law.

Triple talaq is a form of divorce that was practised in India, whereby a Muslim man could legally divorce his wife by pronouncing talaq the Arabic word for divorce three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man did not need to cite any cause for the divorce and the wife need not be present at the time of pronouncement. After a period of iddat, during which it is ascertained whether the wife is pregnant, the divorce becomes irrevocable. In the recommended practice, a waiting period was required before each pronouncement of talaq, during which reconciliation is attempted. However, it had become common to make all three pronouncements in one sitting. While the practice was frowned upon, it was not prohibited. A divorced woman could not remarry her divorced husband unless she first married another man, a practice called nikah halala. Until she remarried, she retained the custody of male toddlers and prepubescent female children. Beyond those restrictions, the children came under the guardianship of the father.The All India Muslim Personal Law Board (AIMPLB), a non-governmental organisation, had told the Supreme Court that women could also pronounce triple talaq, and could execute nikahnamas that stipulated conditions so that the husbands could not pronounce triple talaq. The practice of instant divorce is already banned in 22 Muslim-majority countries, including Pakistan.