Triple Talaq and Constitutional Morality: Reimagining Gender Justice in Muslim Personal Law
Year: 2025
Type: article
Abstract: ABSTRACT When the Supreme Court struck down talaq-e-biddat in 2017, it wasn't just invalidating a controversial practice, it was confronting centuries of patriarchal interpretation masquerading as religious mandate. But here's the uncomfortable question nobody wants to ask: has the subsequent criminalisation actually helped Muslim women, or did Parliament simply create another weapon that hurts the very people it claims to protect? This paper digs into that paradox. By comparing how Hindus and Muslims navigate divorce and maintenance in India's fragmented personal law system, I argue that banning triple talaq was necessary but wholly insufficient. Real change demands comprehensive codification, not piecemeal prohibition. The 2019 Act treats symptoms while ignoring the disease, systemic gender inequity embedded in uncodified Muslim personal law. Keywords – Triple Talaq, Muslim Personal Law, Gender Justice, Constitutional Morality, Shayara Bano, Matrimonial Rights, Personal Law Reform, Talaq-e-Biddat, Hanafi Jurisprudence, Uniform Civil Code.
Author: Ali Ahmad, Aayan
Language: English
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W7092190815
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