Commentary :: The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

Islamic law is before the Supreme Court of India again, with the question of whether triple-ṭalāq is a valid way of dissolving a marriage: by a man simply pronouncing that his wife is divorced by saying that word three times. To understand where the Court might be going requires a bit of background. Following the … Continue reading Commentary :: The Danial Latifi Case and the Indian Supreme Court’s Balancing Act

Case Comment :: The Shah Bano Case as Constitutional Conflict in India’s Muslim Family Law

India editor Akhila Kolisetty highlights the Shah Bano case as a marker of constitutional conflict between the Indian government's civil laws and its Muslim citizens' personal status laws. Mohammed Ahmed Khan v. Shah Bano Begum is a landmark case dealing with Muslim family law in India decided by the Indian Supreme Court in 1985. This case addressed a conflict between … Continue reading Case Comment :: The Shah Bano Case as Constitutional Conflict in India’s Muslim Family Law

Opening the Door to Constitutional Challenges to Muslim Personal Law in India, with Polygamy as a Starting Point

Historically, India’s Supreme Court has been hesitant to address the constitutionality of Muslim personal law, including of the practice of polygamy. In this post, however, I argue that the Court’s decision in the recent case of Khursheed Ahmad Khan v. State of U.P.[1] (2015) may open the door to challenges to the constitutionality of polygamy.[2] … Continue reading Opening the Door to Constitutional Challenges to Muslim Personal Law in India, with Polygamy as a Starting Point

Unilateral Talaq and the Indian Supreme Court’s Responsiveness to Perceptions within India’s Muslim Community

The parameters of the right of a husband to divorce his wife unilaterally through the pronunciation of ‘talaq’ three times (“triple talaq” or “unilateral talaq”) has been hotly contested in India’s Muslim personal law jurisprudence. Triple talaq, also known as talaq al-ba’in, is an irrevocable form of divorce initiated by men in classical Islamic law, … Continue reading Unilateral Talaq and the Indian Supreme Court’s Responsiveness to Perceptions within India’s Muslim Community