TRIPLE TALAQ AND CONSTITUTIONAL MORALITY: REIMAGINING GENDER JUSTICE IN MUSLIM PERSONAL LAW

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.

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Publication Details

Journal
Zenodo (CERN European Organization for Nuclear Research)
Published
2025-09-16
DOI
https://doi.org/10.5281/zenodo.17366302
Primary Topic
Legal and cultural studies analysis
Type
article
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article

TRIPLE TALAQ AND CONSTITUTIONAL MORALITY: REIMAGINING GENDER JUSTICE IN MUSLIM PERSONAL LAW

Zenodo (CERN European Organization for Nuclear Research)
Legal and cultural studies analysis
article

TRIPLE TALAQ AND CONSTITUTIONAL MORALITY: REIMAGINING GENDER JUSTICE IN MUSLIM PERSONAL LAW

article en

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.

Zenodo (CERN European Organization for Nuclear Research)
Institute of Chartered Financial Analysts of India (IN)
Gender equality
Openalex Percentile: Top 36%
Legal and cultural studies analysis
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TRIPLE TALAQ AND CONSTITUTIONAL MORALITY: REIMAGINING GENDER JUSTICE IN MUSLIM PERSONAL LAW · Zenodo (CERN European Organization for Nuclear Research) (2025) | TGRS Research Map | TGRS