Triple Divorce and the Political Context of Islamic Law in India

Abstract

The 2019 passage of the ‘The Muslim Women Protection of Rights on Marriage Act’ criminalizing the practice of triple-ṭalāq has been actively debated in both political and academic spheres. For some, the act signals a much-awaited victory for the Muslim women of India who have suffered the consequences of instantaneous and irrevocable divorces; while for others, it signals the continued marginalization of the Muslim community and the willingness of the Indian government to encroach upon their rights as a distinct religious community. To understand the passage of this Act in context, this article explores the larger context surrounding debates over Islamic Law in India, prior watershed Supreme Court decisions, and the recent political agenda of the BJP. These explorations reveal that ‘The Muslim Women Protection of Rights on Marriage Act’ is a red herring that, if fully enacted, can exacerbate the social and legal challenges women face when seeking divorce while also encroaching upon the rights of the increasingly politically marginalized Muslim community.

Keywords: Family law, Islamic law, Divorce, India