TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Iran’s Chabahar port

    India weighs options to maintain foothold at Iran’s Chabahar port amid US Sanctions: Sources

    India’s Defence Procurement Board Clears 114 Rafale Jets in Rs 3.25 Lakh Crore Mega Deal

    India’s Defence Procurement Board Clears 114 Rafale Jets in Rs 3.25 Lakh Crore Mega Deal

    'Islamic NATO': Is It Possible? What is the Concept and Constraints

    ‘Islamic NATO’: Is It Possible? What is the Concept and Constraints

    Rising Voices in Indian Historiography Representing Hindutva Perspectives Through Academic Rigor

    Rising Voices in Indian Historiography Representing Hindutva Perspectives Through Academic Rigor

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Safeguarding Your Business Growth: Protecting Your Assets, Relationships, and Success

    Safeguarding Your Business Growth: Protecting Your Assets, Relationships, and Success

    Best LEI Registration Services in India Reviewed 2026

    Best LEI Registration Services in India Reviewed 2026

    How Wealth Managers Manage Risk During Market Volatility?

    How Wealth Managers Manage Risk During Market Volatility?

    US Court Served Justice to Byju Raveendran by Reversing $1B Penalty: What’s Next for January 2026?

    US Court Served Justice to Byju Raveendran by Reversing $1B Penalty: What’s Next for January 2026?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Army Day Parade in Jaipur

    Indigenous Drones Lead Massive Display of Firepower at Jaipur Army Day Parade

    Navy Ship

    Indian Navy Eyes Historic Fleet Expansion as 19 Warships Set for 2026 Induction

    Representational Picture

    Arihant-Class Nuclear Submarine S4* Likely to Be Named INS Arisudan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Iran’s Chabahar port

    India weighs options to maintain foothold at Iran’s Chabahar port amid US Sanctions: Sources

    Trump Urges Iranians to ‘Keep Protesting'

    Trump Urges Iranians to ‘Keep Protesting, Take Over Institutions,’ Says ‘Help Is on Its Way’

    Trump Imposes Tariffs on Iran’s Trade Allies

    Trump Imposes Tariffs on Iran’s Trade Allies — What It Means for India

    PM Modi and President Trump

    Trump Turns the Trade Screw on India, While Washington’s Hemisphere Threats Grow Louder

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    NaMo GenV Book Festival

    NaMo GenV Book Festival Showcases 400+ Books on PM Modi, Draws Large Youth Participation in Delhi

    When UFOs Swarmed Washington

    When UFOs Swarmed Washington: Why America’s Oldest Aerial Mystery Is Back

    From Shaheedi to Silence: Remembering the Sikh Gurus While Punjab Quietly Changes Its Faithscape

    From Shaheedi to Silence: Remembering the Sikh Gurus While Punjab Quietly Changes Its Faithscape

    Veer Bal Diwas: Christmas and New Year’s celebrations are all right but let us not forget the sacrifices of the Sahibzadas

    Veer Bal Diwas: Christmas and New Year’s celebrations are all right but let us not forget the sacrifices of the Sahibzadas

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    PSLV’s Launch

    PSLV’s 2nd Consecutive Failure: What Went Wrong, Why It Happened, and What India Lost

    Waiting Sucks: The Real Scoop on the Fastest Withdrawal Online Casinos in Ontario

    Waiting Sucks: The Real Scoop on the Fastest Withdrawal Online Casinos in Ontario

    India’s First Hydrogen Train Set to Run on Jind–Sonipat Route

    India’s First Hydrogen Train Set to Run on Jind–Sonipat Route

    Top NBA Games of 2026: What Asian Fans Are Excited to Watch

    Top NBA Games of 2026: What Asian Fans Are Excited to Watch

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Iran’s Chabahar port

    India weighs options to maintain foothold at Iran’s Chabahar port amid US Sanctions: Sources

    India’s Defence Procurement Board Clears 114 Rafale Jets in Rs 3.25 Lakh Crore Mega Deal

    India’s Defence Procurement Board Clears 114 Rafale Jets in Rs 3.25 Lakh Crore Mega Deal

    'Islamic NATO': Is It Possible? What is the Concept and Constraints

    ‘Islamic NATO’: Is It Possible? What is the Concept and Constraints

    Rising Voices in Indian Historiography Representing Hindutva Perspectives Through Academic Rigor

    Rising Voices in Indian Historiography Representing Hindutva Perspectives Through Academic Rigor

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Safeguarding Your Business Growth: Protecting Your Assets, Relationships, and Success

    Safeguarding Your Business Growth: Protecting Your Assets, Relationships, and Success

    Best LEI Registration Services in India Reviewed 2026

    Best LEI Registration Services in India Reviewed 2026

    How Wealth Managers Manage Risk During Market Volatility?

    How Wealth Managers Manage Risk During Market Volatility?

    US Court Served Justice to Byju Raveendran by Reversing $1B Penalty: What’s Next for January 2026?

    US Court Served Justice to Byju Raveendran by Reversing $1B Penalty: What’s Next for January 2026?

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

    Army Day Parade in Jaipur

    Indigenous Drones Lead Massive Display of Firepower at Jaipur Army Day Parade

    Navy Ship

    Indian Navy Eyes Historic Fleet Expansion as 19 Warships Set for 2026 Induction

    Representational Picture

    Arihant-Class Nuclear Submarine S4* Likely to Be Named INS Arisudan

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Iran’s Chabahar port

    India weighs options to maintain foothold at Iran’s Chabahar port amid US Sanctions: Sources

    Trump Urges Iranians to ‘Keep Protesting'

    Trump Urges Iranians to ‘Keep Protesting, Take Over Institutions,’ Says ‘Help Is on Its Way’

    Trump Imposes Tariffs on Iran’s Trade Allies

    Trump Imposes Tariffs on Iran’s Trade Allies — What It Means for India

    PM Modi and President Trump

    Trump Turns the Trade Screw on India, While Washington’s Hemisphere Threats Grow Louder

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    NaMo GenV Book Festival

    NaMo GenV Book Festival Showcases 400+ Books on PM Modi, Draws Large Youth Participation in Delhi

    When UFOs Swarmed Washington

    When UFOs Swarmed Washington: Why America’s Oldest Aerial Mystery Is Back

    From Shaheedi to Silence: Remembering the Sikh Gurus While Punjab Quietly Changes Its Faithscape

    From Shaheedi to Silence: Remembering the Sikh Gurus While Punjab Quietly Changes Its Faithscape

    Veer Bal Diwas: Christmas and New Year’s celebrations are all right but let us not forget the sacrifices of the Sahibzadas

    Veer Bal Diwas: Christmas and New Year’s celebrations are all right but let us not forget the sacrifices of the Sahibzadas

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    PSLV’s Launch

    PSLV’s 2nd Consecutive Failure: What Went Wrong, Why It Happened, and What India Lost

    Waiting Sucks: The Real Scoop on the Fastest Withdrawal Online Casinos in Ontario

    Waiting Sucks: The Real Scoop on the Fastest Withdrawal Online Casinos in Ontario

    India’s First Hydrogen Train Set to Run on Jind–Sonipat Route

    India’s First Hydrogen Train Set to Run on Jind–Sonipat Route

    Top NBA Games of 2026: What Asian Fans Are Excited to Watch

    Top NBA Games of 2026: What Asian Fans Are Excited to Watch

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Consequences and Complications of the Triple Talaq Verdict that no one seems to be discussing

Akshay Narang by Akshay Narang
24 August 2017
in Opinions
Talaq
Share on FacebookShare on X

The Hon’ble Supreme Court of India has time and again come up with bold and historic rulings which in part explain why the general public reposes greater faith in the Judiciary when compared to the Executive and the Legislature. But the latest verdict declaring Talaq-e-Biddat (Instant Triple Talaq in Islamic Law) to be unconstitutional and setting aside the infamous practice is certainly one of the path breaking judgments in India’s independent history and arguably the biggest personal law reform pushed through by the Judiciary since the Shah Bano case. Thus, putting to rest a long controversy and banning an obnoxious religious practice violating women’s dignity for centuries.

In this Article, we discuss the grounds on which the apex struck down the controversial Triple Talaq practice, its political ramifications and how it is incumbent upon the legislature to make sure that the archaic Islamic laws are completely overhauled in accordance with changing social needs and upholding women’s dignity.

Talaq-e-Biddat struck down:

Talaq even though commonly translated as Divorce under the English Law is a somewhat different concept. The very crux of Talaq is the husband’s unilateral, arbitrary and whimsical power to annul his lawful marriage without any reasonable cause or even an explanation.

RelatedPosts

Nick Fuentes: The Incel Edgelord Betraying America for Islam

Lucknow: 23-Year-Old Woman Alleges Neighbor Furkan and his mother Rizwana Tried to Force Religious Conversion, Marriage

Judiciary is the Biggest Roadblock to Viksit Bharat, and Sanjeev Sanyal is Correct to Say It Aloud

Load More

There are three types of Talaq in the Islamic Law:

  1. Talaq-e-Ahsan which consists of a single pronouncement of Talaq by the husband followed by a period of abstinence (Iddat) of 90 days. If cohabitation is resumed in this period, the Talaq is revoked otherwise it becomes final and binding. It is considered to be the most reasonable form of Talaq.
  2. Talaq-e-Hasan which is similar to Talaq-e-Ahsan except for the fact that there are three successive pronouncements of Talaq after every month. It is considered to be a reasonable form of Talaq.
  3. Talaq-e-Biddat or commonly understood as instant Triple Talaq which consists of one definitive pronouncement of Talaq such as “I talaq you irrevocably” or more widely known three successive pronouncements “Talaq Talaq Talaq”. It is the most unreasonable and inhuman form of Talaq as it empowers the husband to rob the wife of her dignity in one go.

In the batch of petitions decided by the apex court this Tuesday the Constitutional validity of only the Talaq-e-Biddat was challenged. The petitioners successfully contended that this form of Talaq is not saved by Article 25 of the Constitution of India conferring the freedom to freely practise and propagate religion as this practice violated the Article 14 of the Constitution of India being arbitrary and unreasonable in nature and Article 21 of the Constitution of India as it robs a Triple Talaq victim of her dignity and she leads a mere animal existence thereafter.

The respondents led by an acclaimed counsel who also happens to be a prominent leader in the oldest political party of India raised several objections including the argument that since the practice is an old one it confers validity on the practice and the Muslim men have a right to exploit their wives. These contentions were rejected by the five-judge-bench with three judges ruling against the conservative practice. The hon’ble Supreme Court observed that where Article 14 and Article 21 were in conflict with Article 25 the former should be given preference over the latter.

Dissenting Judgments:

Chief Justice Khehar and Justice Nazeer differed from the other judges and abstained from banning what they themselves admitted is a ‘sinful’ practice on two broad grounds:

  1. That it is for the Parliament to bring a law on such matters
  2. That even if the practice is sinful, it is not within the Court’s jurisdiction to interfere in matters of Personal Law which have the status of a Fundamental Right under the Constitution of India. Hon’ble Justice Joseph disagreeing with the dissenting Judges rightly remarked that such a practice cannot be given constitutional protection.
Talaq
Hon’ble Justice Nariman

Moreover, as Hon’ble Justice Nariman pointed out that Triple Talaq derived its validity from Section 2 Muslim Personal Law (Shariat) Application Act, 1937 it was hit by Article 13 (1) of the Constitution of India which provides that a statutory law in force before the commencement of the Constitution shall be void insofar as it is inconsistent with the Fundamental Rights contained under Part III of the Constitution of India.

Therefore, the dissenting judgments seem to be erroneous for a practice which is agreed to be sinful, un-Islamic and most importantly violative of the Fundamental rights of Muslim women cannot be saved on the premise that it forms a part of the Muslim Personal Laws.

Political Ramifications:

Prime Minister Modi and the rising BJP star Uttar Pradesh CM Yogi Adityanath have raised the issue of archaic Triple Talaq several times. The Hon’ble Supreme Court judgment instructing the government to bring a bill on this matter also presents an opportunity for the Government to go hammer and tongs. They can successfully push through a highly reformist law or at least confront the opposition arguing that while the Government wants to implement the Supreme Court Order in letter and in spirit the Opposition is acting as an obstacle. Even though Talaq-e-Biddat is gone for good even other forms of Talaq do not make a lot of sense in the present day world as they leave the Muslim wife at the mercy of her husband even though revocable Talaq-e-Ahsan and Talaq-e-Hasan vest an arbitrary power in the husband.

Moreover, the Muslim succession laws are highly biased towards men with Muslim daughters being entitled to only half of what their male counterparts receive in succession. It is now incumbent upon the present Government and the Parliament to bring about successive laws and bringing the Muslim law at par with the modernized Hindu law.

This also marks a pathbreaking moment towards a major BJP agenda and a constitutional imperative, the Uniform Civil Code.

Conclusion:

It took us a little more than 70 years to realize and declare that religious conservatism and orthodoxy is not superior to women’s dignity. The Muslim husbands no longer have the power to throw out their wives in one go. Way back in the 1950s the then Prime Minister of India Nehru and the first Law Minister of India Ambedkar had shown great impatience to overhaul the archaic Hindu laws and tilt them in favour of the Women and despite several protests and insecurity among the Hindus the Hindu personal laws were overhauled by successive legislations.

When confronted with the question of similar reforms in still more chauvinist Muslim Law, the then Prime Minister cited minority insecurity and fears created by the events of Partition as a reason of delay in transforming the Muslim laws. However, it was promised that when the situation is ripe there will be similar reforms in the Muslim personal law. But the successive governments which actively engaged in minority appeasement and vote bank politics failed to deliver on this promise and the legislature of this country let down the Muslim women of India. Finally, the Rajiv Gandhi led Government mercilessly broke this promise when it overruled a Supreme Court judgment which had provided the right of maintenance to Muslim women beyond the period of Iddat by bringing a law overruling the judgment.

We cannot expect the Hon’ble Supreme Court to single handedly transform the Muslim law the baton now passes on to the Parliament to ensure that centuries of injustice to the Muslim women is undone.

Tags: IslamJudiciaryMuslim Personal LawTriple Talq
Share254TweetSend
Previous Post

This leader has been quietly trained by the BJP to Challenge and Defeat Naveen Patnaik in 2019

Next Post

Have Bhakts Really Destroyed Shahrukh Khan?

Related Posts

'Islamic NATO': Is It Possible? What is the Concept and Constraints
Opinions

‘Islamic NATO’: Is It Possible? What is the Concept and Constraints

16 January 2026

The idea of an “Islamic NATO” or a collective military alliance of Muslim-majority countries is not new. It was...

Why the Air Littoral Is a Land Forces Problem in India’s Future Wars
Defense

Why the Air Littoral Is a Land Forces Problem in India’s Future Wars

15 January 2026

India’s terrain ensures that future conflicts will be fought where air and land are inseparable. For decades, air power...

Trump’s 500% Tariff Threat: A Make or Break Moment for the US and its Dollar Hegemony
Opinions

Trump’s 500% Tariff Threat: A Make or Break Moment for the US and its Dollar Hegemony

12 January 2026

  The United States’ renewed threat of imposing punitive tariffs of up to 500 percent on countries trading with...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

An Quiet Dialogue Between Nature and the City|Ft. Shashi Tripathi | Art| Indian Navy

An Quiet Dialogue Between Nature and the City|Ft. Shashi Tripathi | Art| Indian Navy

00:03:24

Ramjet-Powered Shell: A Potential Game Changer for Indian Artillery| IIT Madra

00:06:25

Trump makes false apache deal claims, runs down India US relations

00:05:44

Captured Turkish YIHA drone Showed by the Indian Army |Defence News| Operation Sindoor

00:00:58

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2026 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2026 TFI Media Private Limited