India bans instant divorce by Muslim men
Previously, Muslim men were allowed to end their marriage by simply saying the Arabic word ‘talaq’, or divorce, three times – not necessarily at the same time
India’s government on Wednesday approved an ordinance to implement a top court ruling striking down the Muslim practice that allows men to instantly divorce.
The government decision came after it failed to get approval of parliament a year after the court ruled that the practice of triple “talaq” violated the constitutional rights of Muslim women.
Most of the 170 million Muslims in India are Sunnis governed by the Muslim Personal Law for family matters and disputes. The laws include allowing men to divorce by simply uttering the Arabic word “talaq,” or divorce, three times – and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.
The government will have another six months to get Parliament’s approval for the ordinance to become law. But in the meantime, suspects can be prosecuted using the ordinance.
Law Minister Ravi Shankar Prasad said that nearly 22 countries, including neighbouring Pakistan and Bangladesh, have banned the practice and appealed to the opposition to approve the Muslim Women Protection of Rights on Marriage Bill.
India’s Muslim Law Board had told the court that while they considered the practice wrong, they opposed any court intervention and asked that the matter be left to the community. But several progressive Muslim activists decried the law board’s position.