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What was the triple talaq judgment?

What was the triple talaq judgment?

22-Aug-2025

Supreme Court

Answer By law4u team

The triple talaq judgment refers to the Supreme Court’s decision in Shayara Bano v. Union of India (2017), which declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional. Key points of the judgment: • Talaq-e-biddat is a form of divorce where a Muslim husband pronounces “talaq” three times in one sitting to instantly and irrevocably end the marriage. • The Supreme Court, by a 3:2 majority, held that this practice was arbitrary, violated the fundamental right to equality (Article 14), and was not an essential practice protected under religion (Article 25). • The Court struck it down, making it legally invalid from the date of judgment. After the judgment: • The Muslim Women (Protection of Rights on Marriage) Act, 2019 was enacted. • Under this Act, pronouncing instant triple talaq is: – Void and illegal – A criminal offence punishable with imprisonment up to 3 years and fine – Cognizable only on a complaint by the wife or her relatives • The law also provides for subsistence allowance to the wife and custody of minor children.

Answer By Anik

Dear Client, In 2017 the Supreme Court of India passed a landmark ruling in the case of Shayara Bano v. Union of India which is what we refer to as the “triple talaq judgment. What it was: In a ruling which declared the practice of “talaq-e-biddat” or instant triple talaq as unconstitutional. That practice which allowed a Muslim man to divorce his wife at will and in a flash by the recitation of the word “talaq” three times, in any format -- oral, written, or digital. Key points of the judgment: Main issues of the judgment:. Unconstitutional: A large majority of the benches' decision were that instant triple talaq is a form of discrimination against which Muslim women's fundamental rights including equality (Article 14) and the right to life with dignity (Article 21) of the Indian Constitution are violated. Not an essential religious practice: The court which sided with the majority reported that this aspect of divorce is not a requisite of Islamic religion thus it is not protected under the right to freedom of religion (Article 25). Resulting Legislation: Following the fact that which the judgment came down Indian Parliament put forth the Muslim Women (Protection of Rights on Marriage) Act, 2019 which outlaws the practice of instant triple talaq and puts the violators behind bars for up to 3 years. In fact the judgment brought to an end a very long standing issue of discrimination and is a large step forward in terms of gender justice for Muslim women in India. I hope this Answer help you, but if it does not help please do not hesitate to reach out. Thank you!

Answer By M.srinivasan

संक्षेप में: शायरा बानो मामले ने भारत में एक बार में तीन तलाक की प्रथा को समाप्त कर दिया और मुस्लिम महिलाओं के समानता और सम्मान के अधिकारों को बरकरार रखा।

Answer By S Srinivasulu

Following the judgment, the Government passed The Muslim Women (Protection of Rights on Marriage) Act, 2019. Under this law: Pronouncement of Triple Talaq (talaq-e-biddat) is illegal and void. Husband who pronounces Triple Talaq is liable to imprisonment up to 3 years and fine. Wife is entitled to maintenance and custody of minor children. --- ✅ In summary: Triple Talaq (instant divorce) is unconstitutional and void. It violates Muslim women’s fundamental rights. Parliament criminalized it in 2019 law, making it punishable with up to 3 years’ jail.

Answer By Anik

Dear Client, In 2017 the Supreme Court of India passed a landmark decision in the Triple Talaq case which put an end to the practice of instant triple talaq. What was Triple Talaq? Triple talaq which is also referred to as talaq-e-biddat was a form of Islamic divorce which allowed a man to break away from his wife by just pronouncing the word “talaq” 3 times. It could be done out loud, in a written form, or through electronic means. This practice which had been put in place did not go down well with many due to its one sided, immediate nature and because it left women at a great disadvantage with very little to no protection. The Supreme Court's Decision In a 2/3rd majority decision the practice of triple talaq was held to be “manifestly arbitrary” and a violation of fundamental rights as enshrined in the Indian Constitution. Also it was reported that the practice goes against:. Article 14 (Right to Equality): The court ruled that it is discriminatory in favor of male Muslims’ rights for which there is no proven basis (of which women are a victim). The issue of divorce was that it was too sudden and unjust which in turn was seen as a violation of a woman’s right to live with dignity. The ultimate decision put an end to the practice of instant triple talaq. Aftermath Following the judgment which went in favor of the Indian Parliament which in turn passed the Muslim Women (Protection of Rights on Marriage) Act of 2019. This law which put into black and white the Supreme Court’s stand also made the practice of instant triple talaq a crime which is punishable by a term in jail for up to 3 years. Also declared void and illegal was any such divorce. In fact the Triple Talaq judgment was a landmark in Indian legal history which also put forth a large step toward gender justice and the protection of Muslim women’s rights within the structure of the Indian Constitution. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Answer By M.srinivasan

The triple talaq judgment was a landmark decision by the Supreme Court of India in 2017 that declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional by a 3:2 majority. Key Ruling Triple talaq is a practice where a Muslim man could instantly and irrevocably divorce his wife by pronouncing "talaq" three times in one sitting, without citing cause or the wife's presence. The practice was challenged by Shayara Bano and others, arguing it violated Muslim women's core fundamental rights, especially equality and non-discrimination under Articles 14 and 15 of the Indian Constitution. Supreme Court Verdict A five-judge Constitutional Bench delivered the verdict on August 22, 2017: Three judges held the practice to be unconstitutional, striking it down on the grounds that it violated fundamental rights and was not essential to Islamic practice. Two judges dissented, but the majority prevailed, making instant triple talaq legally void and illegal. The Court also directed the Parliament to formulate legislation regulating Muslim marriage and divorce practices. Constitutional Arguments The majority opinion held instant triple talaq violated equality and fundamental rights, as only men could exercise it, and it was not sanctioned by the Quran as an essential religious practice. The Court reasoned that mere personal law practices cannot override the Constitution, especially if they violate fundamental rights. Aftermath Following the judgment, the Indian Parliament passed a law in July 2019 making instant triple talaq a criminal offense. The judgment does not ban all forms of Muslim divorce but only the instant kind, leaving scope for other Islamic divorce mechanisms that are more deliberative and equitable. In summary, the triple talaq judgment declared the practice of instant, unilateral divorce by Muslim men unconstitutional, marking a major step for gender justice and legal reform in India.