India: Islamic ‘instant divorce’ law unconstitutional

The Supreme Court of India ruled (PDF) Aug. 22 that Islam's "instant divorce" law, which allowed Muslim men to divorce their wives by saying the word "talaq" three times, was unconstitutional. The case was heard by five judges of the court and resulted in a vote of 3-2. The court found that the practice is gender-discriminatory and noted that several countries with sizable Muslim populations do not allow the talaq instant divorce. The court has given a six-month period for the talaq divorce to be redefined or simply done away with altogether. No husband is allowed to use the talaq divorce during this period. The All India Muslim Personal Law Board (AIMPLB) filed an affidavit stating that they will recommend that husbands not utilize the talaq divorce. However, the AIMPLB also stated that they will contest the ruling. The ruling was supported by India's prime minister Narendra Modi.

From Jurist, Aug. 22. Used with permission.