Round-up on Triple Ṭalāq

SUPREME COURT CASE: Shayara Bano v. Union of India, etc. (Supreme Court of India)  In a 3-2 decision, the Supreme Court of India declared triple ṭalāq unconstitutional and gave India’s parliament six months “to consider legislation” for handling triple ṭalāq. In its opinion, the Court cited global advances in Islamic family law (in India, called Muslim … Continue reading Round-up on Triple Ṭalāq

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 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 … Continue reading CASE COMMENT: The Shah Bano Case as Constitutional Conflict in India’s Muslim Family Law