A COMPREHENSIVE STUDY OF LEGAL EVOLUTION OF TRIPLE TALAQ IN INDIA
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Abstract
The concern of rights of women under Muslim Law remains most debated especially in relation of maintenance, inheritance and triple talaq. Among this practice the instant divorce also regarded as, triple talaq, has recently drawn significant public and legal attention. This Islamic practice permits a Muslim male to pronouncing the term of talaq to his wife in three successive times. In the case of Shayra Bano, the Apex Court of India delivered a historic judgement on August 22, 2017, and struck down the legality of practice of talaq-a-bidat with a majority of 3:2. Furthermore, in this case minority view was also noted and recommended that the Union Government enact appropriate legislation to regulate divorce procedures in accordance with Shariat law. The object of this research is to study and examine various legal dimensions and implications with practice of Talaq-a-Biddat.
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