Triple Talaq Case Study

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Constitutionality of Triple Talaq- Recently, the Supreme Court of India has given its monumental landmark judgement in Shayara Bano v. Union of India, which is popularly known as the “triple talaq case”. This case has also questioned the constitutional validity of certain practices of Muslim personal law such as triple talaq, polygamy, nikah halala and many more. It has created political controversy across both urban and rural classes in India and has tested the contentions of the religious, political and legal dimension of Uniform Civil Code. While All India Muslim Personal Law Board (AIMPLB) has blamed the secular authorities for interfering with religious law. Meaning of Triple Talaq- Sharia Law ( a body of Islamic Law) has procedure…show more content…
It also do not offer gender and spousal equality in wedlock and beyond. Even the Quran does not sanction triple talaq in one go. According to Islamic scripture, the word talaq is spoken thrice over a period of three months. In such a manner, it demands time and patience in executing a divorce in the hope of making the union possible knowing that the couple is bound to have differences. This Quranic procedure has been laid down with a rationale to establish that marital coverture cannot be terminated in a state of sudden provocation, rage or whims. But these days it has become whimsical and capricious. The male counter parts from Muslim community are using Triple Talaq to get rid of marriage, without providing any protection and maintenance to their wives and children. Even though they know that their wife and children are solely dependent upon them as a result they became miserable. Most of the time the burden of break up in marriage lies on women which badly hurts her dignity and when she wants to remarry other person, the flaws of her previous marriage do not let her live a dignified life. Thus indirectly the constitution was safeguarding those evil wilful defaulters, when it considers Triple Talaq as a matter of private sphere. It also questions the ideals of the constitution which guarantees right to equality and right to life with

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