THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019: A CRITICAL EXAMINATION THROUGH MODERN LEGAL PHILOSOPHY AND ISLAMIC LEGAL TRADITIONS

The Muslim Women (Protection of Rights on Marriage) Act, 2019, criminalizing the practice of instant triple talaq (talaq-e-biddat) in India, marks a significant intervention in gender justice within Muslim personal law. This paper examines the Act through the lenses of gender equity, legal jurisprudence, and social justice, analyzing its implications for Muslim women\'s rights. While the legislation seeks to empower women by invalidating arbitrary divorce practices, it also raises debates around state intervention in personal laws, constitutional rights, and the socio-legal consequences for marginalized women. The study critiques the Act’s effectiveness in delivering substantive justice, its alignment with Islamic jurisprudence and its broader impact on the intersection of religion, gender, and law in India. By evaluating modern legal philosophy and Islamic legal traditions, and lived realities, the paper assesses whether the Act advances gender justice or perpetuates paternalistic legal frameworks. Keywords: Triple Talaq, Muslim Personal Law, Legal Reform, Legal Philosophy, Islamic Legal Traditions, Tripartite Framework