TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    ‘Peak Arrogance, Deep Hatred to Sikhs’: PM Modi Lambasts Congress’ ‘Yuvraj’ Rahul Gandhi Over ‘Traitor’ Remark to MP Bittu

    ‘Peak Arrogance, Deep Hatred to Sikhs’: PM Modi Lambasts Congress’ ‘Yuvraj’ Rahul Gandhi Over ‘Traitor’ Remark to MP Bittu

    PM Modi Calls Tripartite Pact for Eastern Nagaland ‘Historic’, Says It Will Boost Development, Create Opportunities for People

    PM Modi Calls Tripartite Pact for Eastern Nagaland ‘Historic’, Says It Will Boost Development, Create Opportunities for People

    Rahul Gandhi

    Four Stars of Destiny… If ‘Penguin’ hasn’t published the book, then how did Rahul Gandhi get a copy?

    India’s Underground Rail Under Chicken’s Neck… Is It Possible?

    India’s Underground Rail Under Chicken’s Neck… Is It Possible?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    PM Modi Calls Tripartite Pact for Eastern Nagaland ‘Historic’, Says It Will Boost Development, Create Opportunities for People

    PM Modi Calls Tripartite Pact for Eastern Nagaland ‘Historic’, Says It Will Boost Development, Create Opportunities for People

    India’s Underground Rail Under Chicken’s Neck… Is It Possible?

    India’s Underground Rail Under Chicken’s Neck… Is It Possible?

    Solid Fuel Ducted Ramjet Test: How ‘Gandiv’, India’s Indigenous Meteor is Set to Redefine BVR Combat Dynamics

    Solid Fuel Ducted Ramjet Test: How ‘Gandiv’, India’s Indigenous Meteor is Set to Redefine BVR Combat Dynamics

    India’s Helicopter Manufacturing Set to Soar as Adani Group Partners with Italy’s Leonardo to Enhance Indigenous Production

    India’s Helicopter Manufacturing Set to Soar as Adani Group Partners with Italy’s Leonardo to Enhance Indigenous Production

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Solid Fuel Ducted Ramjet Test: How ‘Gandiv’, India’s Indigenous Meteor is Set to Redefine BVR Combat Dynamics

    Solid Fuel Ducted Ramjet Test: How ‘Gandiv’, India’s Indigenous Meteor is Set to Redefine BVR Combat Dynamics

    Empowering India’s Youth: Insights from the Modi Era Budget 2026–27

    Empowering India’s Youth: Insights from the Modi Era Budget 2026–27

    India Extends Its Maritime Influence, Allows EU Into IFC-IOR Watch Network

    India Extends Its Maritime Influence, Allows EU Into IFC-IOR Watch Network

    Indian Space Startup Digantara Teams Up with Singapore Defence to Tackle Space Debris Threats

    Indian Space Startup Digantara Teams Up with Singapore Defence to Tackle Space Debris Threats

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    CDS General Anil Chauhan Visits Armenian Genocide Memorial, Elevates Defence Ties Amid Strategic Counter to Pakistan-Turkey-Azerbaijan Axis

    CDS General Anil Chauhan Visits Armenian Genocide Memorial, Elevates Defence Ties Amid Strategic Counter to Pakistan-Turkey-Azerbaijan Axis

    Canada PM Mark Carney Likely to Visit India in March; Uranium, Energy and Trade Deals in Focus

    Canada PM Mark Carney Likely to Visit India in March; Uranium, Energy and Trade Deals in Focus

    Foreign Minister of Spain, Jose Manuel Albares, handed over the signed Declaration of Accession to the IPOI to External Affairs Minister Dr S Jaishankar

    A Sea Change: Why Spain Joining India’s Maritime Vision Matters

    Stick First, Deal Later: Trump’s Davos Diplomacy on Greenland

    Stick First, Deal Later: Trump’s Davos Diplomacy on Greenland

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Netaji Subhash Chandra Bose

    The life and times of Netaji Subhash Chandra Bose

    The Netaji Savarkar Meeting

    The Netaji-Savarkar Summit: A Spark for India’s Path to Sovereignty

    Top 10 Reasons to Learn Cybersecurity in 2026

    Top 10 Reasons to Learn Cybersecurity in 2026

    NaMo GenV Book Festival

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

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Will Formula 1 Return to India? Centre Steps Up Efforts to Revive Buddh Grand Prix

    Will Formula 1 Return to India? Centre Steps Up Efforts to Revive Buddh Grand Prix

    ‘Dhurandhar’ Tops Netflix Charts in Pakistan Despite No Theatrical Release, Fans Call It ‘Best Bollywood Movie Ever’

    ‘Dhurandhar’ Tops Netflix Charts in Pakistan Despite No Theatrical Release, Fans Call It ‘Best Bollywood Movie Ever’

    Where to Find Interactive Quiz Games Online

    Where to Find Interactive Quiz Games Online

    Do Generic Medicines Work the Same as Branded Ones?

    Do Generic Medicines Work the Same as Branded Ones?

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    ‘Peak Arrogance, Deep Hatred to Sikhs’: PM Modi Lambasts Congress’ ‘Yuvraj’ Rahul Gandhi Over ‘Traitor’ Remark to MP Bittu

    ‘Peak Arrogance, Deep Hatred to Sikhs’: PM Modi Lambasts Congress’ ‘Yuvraj’ Rahul Gandhi Over ‘Traitor’ Remark to MP Bittu

    PM Modi Calls Tripartite Pact for Eastern Nagaland ‘Historic’, Says It Will Boost Development, Create Opportunities for People

    PM Modi Calls Tripartite Pact for Eastern Nagaland ‘Historic’, Says It Will Boost Development, Create Opportunities for People

    Rahul Gandhi

    Four Stars of Destiny… If ‘Penguin’ hasn’t published the book, then how did Rahul Gandhi get a copy?

    India’s Underground Rail Under Chicken’s Neck… Is It Possible?

    India’s Underground Rail Under Chicken’s Neck… Is It Possible?

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    PM Modi Calls Tripartite Pact for Eastern Nagaland ‘Historic’, Says It Will Boost Development, Create Opportunities for People

    PM Modi Calls Tripartite Pact for Eastern Nagaland ‘Historic’, Says It Will Boost Development, Create Opportunities for People

    India’s Underground Rail Under Chicken’s Neck… Is It Possible?

    India’s Underground Rail Under Chicken’s Neck… Is It Possible?

    Solid Fuel Ducted Ramjet Test: How ‘Gandiv’, India’s Indigenous Meteor is Set to Redefine BVR Combat Dynamics

    Solid Fuel Ducted Ramjet Test: How ‘Gandiv’, India’s Indigenous Meteor is Set to Redefine BVR Combat Dynamics

    India’s Helicopter Manufacturing Set to Soar as Adani Group Partners with Italy’s Leonardo to Enhance Indigenous Production

    India’s Helicopter Manufacturing Set to Soar as Adani Group Partners with Italy’s Leonardo to Enhance Indigenous Production

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Solid Fuel Ducted Ramjet Test: How ‘Gandiv’, India’s Indigenous Meteor is Set to Redefine BVR Combat Dynamics

    Solid Fuel Ducted Ramjet Test: How ‘Gandiv’, India’s Indigenous Meteor is Set to Redefine BVR Combat Dynamics

    Empowering India’s Youth: Insights from the Modi Era Budget 2026–27

    Empowering India’s Youth: Insights from the Modi Era Budget 2026–27

    India Extends Its Maritime Influence, Allows EU Into IFC-IOR Watch Network

    India Extends Its Maritime Influence, Allows EU Into IFC-IOR Watch Network

    Indian Space Startup Digantara Teams Up with Singapore Defence to Tackle Space Debris Threats

    Indian Space Startup Digantara Teams Up with Singapore Defence to Tackle Space Debris Threats

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    CDS General Anil Chauhan Visits Armenian Genocide Memorial, Elevates Defence Ties Amid Strategic Counter to Pakistan-Turkey-Azerbaijan Axis

    CDS General Anil Chauhan Visits Armenian Genocide Memorial, Elevates Defence Ties Amid Strategic Counter to Pakistan-Turkey-Azerbaijan Axis

    Canada PM Mark Carney Likely to Visit India in March; Uranium, Energy and Trade Deals in Focus

    Canada PM Mark Carney Likely to Visit India in March; Uranium, Energy and Trade Deals in Focus

    Foreign Minister of Spain, Jose Manuel Albares, handed over the signed Declaration of Accession to the IPOI to External Affairs Minister Dr S Jaishankar

    A Sea Change: Why Spain Joining India’s Maritime Vision Matters

    Stick First, Deal Later: Trump’s Davos Diplomacy on Greenland

    Stick First, Deal Later: Trump’s Davos Diplomacy on Greenland

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Netaji Subhash Chandra Bose

    The life and times of Netaji Subhash Chandra Bose

    The Netaji Savarkar Meeting

    The Netaji-Savarkar Summit: A Spark for India’s Path to Sovereignty

    Top 10 Reasons to Learn Cybersecurity in 2026

    Top 10 Reasons to Learn Cybersecurity in 2026

    NaMo GenV Book Festival

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

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Will Formula 1 Return to India? Centre Steps Up Efforts to Revive Buddh Grand Prix

    Will Formula 1 Return to India? Centre Steps Up Efforts to Revive Buddh Grand Prix

    ‘Dhurandhar’ Tops Netflix Charts in Pakistan Despite No Theatrical Release, Fans Call It ‘Best Bollywood Movie Ever’

    ‘Dhurandhar’ Tops Netflix Charts in Pakistan Despite No Theatrical Release, Fans Call It ‘Best Bollywood Movie Ever’

    Where to Find Interactive Quiz Games Online

    Where to Find Interactive Quiz Games Online

    Do Generic Medicines Work the Same as Branded Ones?

    Do Generic Medicines Work the Same as Branded Ones?

    • 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

AMCA, Kaveri and Tejas
Opinions

Why India’s Indigenous Defence Programs Matter More Than Ever

24 January 2026

For years, India’s indigenous defence programs have been a favourite target of mockery. A section of commentators has consistently...

India Set to Showcase DRDO’s Hypersonic LRAShM Capability at Republic Day Parade
Opinions

India Set to Showcase DRDO’s Hypersonic LRAShM Capability at Republic Day Parade

22 January 2026

India is set to showcase a significant defence breakthrough at the 77th Republic Day parade on January 26, as...

As Islamic NATO Takes Shape, What Options Does India Have?
Opinions

As Islamic NATO Takes Shape, What Options Does India Have?

20 January 2026

As UAE President Mohamed bin Zayed Al Nahyan prepares to visit New Delhi, India finds itself at the intersection...

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

India’s Swadesi ‘Meteor’: Word’s Most Lethal BVR Missile | Gandiv| SFDR | DRDO

India’s Swadesi ‘Meteor’: Word’s Most Lethal BVR Missile | Gandiv| SFDR | DRDO

00:06:48

Between Rafale and AMCA; Where Does the Su-57 Fit | IAF| HAL | Wings India

00:06:10

Pakistan’s Rafale Narrative Ends at Kartavya Path| Sindoor Formation Exposes the BS022 Claim | IAF

00:09:35

If US Says NO, F-35 Can’t Fly: The Hidden Cost of Imports | Make In India

00:06:15

Republic Day Shock: India’s Hypersonic Warning to the World| DRDO | HGV | Indian Army

00:05:24
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