All posts tagged: Islam

India’s ‘instant divorce’ ban,Un-Islamic, arbitrary, unconstitutional.”

“Un-Islamic, arbitrary, unconstitutional.” That was the judgement of the Indian Supreme Court as it announced a ban on the contentious practice of instant “triple-talaq”. Triple-talaq is a form of Islamic divorce which allows a husband to dissolve his marriage instantly and unilaterally, simply through pronouncing “talaq” (divorce) three times to his wife. While it has long existed in customary practice, it carries little formal sanction within Islamic law itself. It receives no endorsement in the Qur’an, which stresses unambiguously that all divorces should work through a staggered process which allows space for reconciliation. And authoritative works of jurisprudence uniformly declare instant-talaq to be “sinful”, if not always technically “forbidden”. It is on these grounds that, especially over the last century, a large majority of Muslim countries have banned instant-talaq, including neighbours Pakistan and Bangladesh. Sri Lankahas also banned it. Nevertheless, instant-talaq had remained legal in India. Delivered either in person, or increasingly via text message, email or WhatsApp, it led to countless women suffering the fates of instant abandonment, homelessness or destitution. This is why …