Out of Shah Bano’s shadow: Muslim women’s rights and the Supreme Court’s triple talaq verdict

Mandal, Saptarshi (2018) Out of Shah Bano’s shadow: Muslim women’s rights and the Supreme Court’s triple talaq verdict. Indian Law Review, 2 (1). pp. 89-107. ISSN 24730580

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In a 2017 judgment, the Supreme Court of India invalidated triple talaq–a mode of instant, unilateral, extra-judicial divorce available to Muslim males. This mode of divorce has been widely criticized for making Muslim women vulnerable to threats of instant divorce and the resulting destitution. This note scrutinizes three formulations of the problem pursued by the judges in this case: triple talaq as constitutionally protected right to freedom of religion; as a violation of the fundamental right to equality; and as a practice disapproved within Islamic legal traditions. The note argues that the third formulation (the majority verdict), that eschewed constitutional rights analysis in favour of reforming Muslim personal law from within, along with wide participation of Muslim women’s groups in the litigation, suggests new directions for the debate on Muslim personal law in India.

Item Type: Article
Keywords: law and religion in India | Muslim divorce law | Muslim personal law
Subjects: Social Sciences and humanities > Arts and Humanities > Religious studies
Physical, Life and Health Sciences > Environmental Science, Policy and Law
Social Sciences and humanities > Social Sciences > Human Rights
JGU School/Centre: Jindal Global Law School
Depositing User: Mr Sombir Dahiya
Date Deposited: 20 Dec 2021 11:30
Last Modified: 21 Dec 2021 05:05
Official URL: https://doi.org/10.1080/24730580.2018.1510162
Additional Information: I would like to thank the anonymous reviewer for their generous feedback, Prabha Kotiswaran and Tarunabh Khaitan for their helpful suggestions, and my students Spoorti Hiremath and Nitish Raj for helping me prepare this article for publication. All errors of fact and judgment are mine alone.
URI: https://pure.jgu.edu.in/id/eprint/296


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