In Islam, marriage is seen as a contract between a husband and wife, and therefore it can be dissolved like any other existing contract. The Muslim marriage can be dissolved at the instance of the husband, with or without the intervention of the court (Talaq). The wife may also seek dissolution either with the consent of the husband (Khula) or through the intervention of the court (Judicial Divorce). Additionally, the marriage may be dissolved through the mutual consent of both the parties as spouses without court intervention. In this article we will discuss the approved modes of divorce which are initiated at the instance of the husband, such as Talaq-e-Ahsan and Talaq-e-Hasan. In Talaq-e-Ahsan, a single announcement of talaq by the husband is made during the Iddat period, which create some time for the possible reconciliation. Where as Talaq-e-Hasan involves three separate announcement made in three different periods of purity, with the divorce becoming final only after the third declaration. However, unlike these considerate forms of divorce which give time for reconciliation or rectify there marriage, Talaq-e-Biddat (Triple Talaq) is a form where all three pronouncements are made in one sitting, as Talaq-Talaq-Talaq resulting in an instant and irrevocable divorce.

In contrast with the accepted ways of divorce in Islam, Talaq-e-Biddat (Triple Talaq) became a major contesting issue because it gave the husband the complete power to take instant divorce without even allowing the wife to respond or seek reconciliation. This sort of practice often led to women being abandoned immediately, it can be done through written messages, phone calls, or social media. This leaves women in a state of deep emotional and financial suffering. In India this practice has received a large amount of criticism as unfair and discriminatory practice against women's dignity. With the Reorganization of its unjust nature, the Supreme Court in Shayara Bano v. Union of India (2017) case ruled that instant Triple Talaq was unconstitutional because it violated Articles 14 and 21 of the Indian Constitution 

In this case, Shayara Bano challenged the practice of instant Triple Talaq after her husband divorced her without even providing a single reason. The crucial question before the Supreme Court was whether Talaq-e-Biddat was constitutionally valid. By a narrow 3:2 majority, the Court declared Triple Talaq to be unconstitutional. The Court further held that the practice breached fundamental rights such as Article 14 (Right to Equality) and Article 21 (Right to Life and Dignity). The Court emphasized that marriage should not be terminated in such an unreasonable manner. It highlighted that this practice actually does not receive any protection under Article 25, as the shield of religious freedom cannot become an excuse for discriminatory practice based on gender. Previously, in the Shamim Ara v. State of UP (2002) case, the Court decided that talaq must be reasonable and should take place only after showing genuine efforts for reconciliation. Likewise, the Danial Latifi case ensured that divorced Muslim women are provided with financial security and dignity. The Shayara Bano judgment represented as a landmark judgment for the rights of Muslim women in India. Through this case, the fundamental principles of the constitution were upgraded and reinforced in such a manner that it promoted gender equality and upheld human dignity.

In the wake of this significant judicial ruling, Parliament passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, effectively abolishing the practice of instant Triple Talaq in order to protect the rights of Muslim women. The Act specifically addresses Talaq-e-Biddat as an illegal practice and declared it as void, which means that any immediate declaration of divorce has no significance under law. Additionally, it explicitly mentions “Any Muslim husband who pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years, and shall also be liable to fine.”, thereby debarring men from misusing this arbitrary method of divorce. The legislation also focuses on the welfare of affected women by ensuring they receive a subsistence allowance for themselves and their children, establishing custody rights, and allowing not just the wife, but also her relatives, the ability to file a complaint, ensuring prompt legal assistance.

The key objective of this law is to achieve gender justice and equality, while protecting Muslim women from this act of sudden abandonment and led women in the state of social vulnerability. Triple Talaq was definitely gender discriminatory because it gives power solely in the hands of the husband, giving the wife no voice, no defense, and no opportunity for reconciliation. This has often resulted in a manner that has created severe financial insecurity, and psychological trauma, pushing women into a life which has no certainty. This practice triple talaq has always violated the principles of equality, human dignity, and due process which has guaranteed under the Constitution. Therefore, in order to protect the constitutional rights of its citizens, the judicial declaration and the supporting legislation together mark a important step towards ensuring fairness and constitutional protection towards Muslim women in India.

Triple Talaq has always been a discriminatory practice because it allowed husbands to end their marriage instantly, without even giving wife the opportunity to present her case before the court or protect her rights. This practice often compromised fundamental constitutional guarantees and rights, like equality before the law, dignity, and due process as guaranteed by Articles 14 and 21 of the Indian Constitution. Women who experienced this unjust practice of instant divorce, found themselves trapped with financial insecurity, no rights for her kids, or social disengagement. Thus, Triple Talaq not only opposes Islamic principles of fair and justice but also was not able to comply with the democratic values of equality and human dignity.

In the presence of these unjust consequences, the intervention from the judiciary and lawmakers was an instant need. The Supreme Court's ruling in Shayara Bano v. Union of India was a landmark judgement that created a much-needed needed laws. The court further ruled that Triple Talaq was unconstitutional. It recognized that the practice against with constitutional values, will be struck down as always. However, a judicial decision alone was not sufficient. As a result, Parliament passed the Muslim Women (Protection of Rights on Marriage) Act, 2019, to create enforceable protections. This law made instant divorce illegal, provided subsistence allowances, gave custody rights, and allowed women to seek help from legal authorities. Together, these actions increased accountability, reduced arbitrary male control, protected marriage rights, and truly empowered Muslim women by ensuring that personal law practices could not override constitutional rights.

The abolishment of Triple Talaq represents not just a legal development but an important justification of justice, dignity, and equality for Muslim women in India. By ending a practice that allowed the arbitrary and an instant method of ending marriages, the courts have brought fairness back to marital relationships. They have also made it clear that no personal law can override the values outlined in the Constitution. I believe this reform is more than just legal protection; it shows that society is moving toward recognizing women as equal partners in marriage instead of being passive recipients of male control. However, real state of empowerment cannot afford to rely just on laws but, We also need various other attributes like social awareness, education, and changes in these patriarchal based attitudes. The true success of this abolishment will come only when every woman in society feels confident in protecting her rights, raises her voice and when every community accepts equality as a natural principle of justice rather than a burden.

Government of India. The Muslim Women (Protection of Rights on Marriage) Act, 2019 (Act No. 20 of 2019). New Delhi: Ministry of Law and Justice, 2019.

Shamim Ara v. State of Uttar Pradesh. (2002) 7 SCC 518 (Supreme Court of India).

Shayara Bano v. Union of India. (2017) 9 SCC 1 (Supreme Court of India).

Singh, Hemlata. “Triple Talaq or Talaq-e-Biddat.” Legal Service India. Accessed [02/01/2026].

The Legal Quorum. “Triple Talaq and Muslim Women’s Rights.” The Legal Quorum, 2023.