KSLU Corner™ New AIBE previous QP

talaq-e-biddat

Arabic/Persian · ta-LAAK eh BID-dat · Family and succession

Meaning. Instant, irrevocable triple talaq; void in India and a punishable offence since 2019.

Talaq-e-biddat (“innovated” talaq) consists of three pronouncements in one sitting, or a single pronouncement intended to be irrevocable, with no waiting period for reconciliation. In Shayara Bano (2017), the Supreme Court by a majority set it aside, holding it manifestly arbitrary and not protected as an essential religious practice.

The Muslim Women (Protection of Rights on Marriage) Act, 2019 declares any such pronouncement, spoken, written or electronic, void and illegal (s.3) and punishes the husband with up to three years' imprisonment and fine (s.4). The wife is entitled to subsistence allowance and custody of minor children. The approved forms, ahsan and hasan, are not affected.

Example

After Shayara Bano and the 2019 Act, a husband who pronounced “talaq” three times over WhatsApp committed an offence and the marriage continued.

In Indian law

See also

talaq · talaq-e-hasan · talaq-e-ahsan

Read more in the study notes

← Back to the dictionary