Ṭalāq as a Mode of Dissolution of Marriage under Muslim Personal Law in India and its Challenges

Seminar Abstract

India is a pluralistic country having many religions and cultural diversity. Muslims constitute the second largest religious community in India. There is no uniform civil code in India; personal laws govern the private sphere of family relations like marriage, divorce, succession etc. Muslim personal law deals with Muslim family affairs. An effort to codify Muslim personal law was made by British legislation during the colonial era in India. After independence, most of the reforms were initiated through the court.

Recently, legislature enacted a law to ban triple divorce (ṭalāq al-ḥasan). Nevertheless, instead of facilitating the administration of justice, it creates uncertainty and contravenes the purpose of codification. Lack of certainty is visible as a Muslim woman has challenged the notice of triple divorce served on her by her husband as void and unconstitutional. Moreover, a PIL has also been filed before apex court of India, challenging the divorce through triple divorce as unconstitutional. The legislature had the opportunity to clarify substantive rights along with the procedure, but they missed it. Therefore, this paper explores the legal history of the law of ṭalāq and evaluates the latest law related to ṭalāq.

Seminar Details

Speaker Bio

Dr Meena Kumari is Assistant Professor at Law Centre-1, Faculty of Law, University of Delhi since 2018. She received a PhD Degree in law at University of Delhi in February 2022 with a thesis titled ‘An Insight into Law of Talaq in Muslim Personal Law in India: A Comparative Study with SAARC and ASEAN Countries.’ Her areas of interest are Islamic law, marriage laws, women property rights and procedural laws. She holds Junior Research Fellowship awarded by UGC, India. Recently, she received the award of Best Early Career Paper in Law for presenting the paper titled ‘Changing Perspective of Hindu Marriage’ at an International Conference organized by Northumbria University, Newcastle, UK with the generosity of the Journal of Legal History.