Triple talaq is a form of divorce that was practised in Islam, whereby a Muslim man could legally divorce his wife by pronouncing
talaq (the Arabic word for divorce) three times. The pronouncement could be oral or written, or, in recent times, delivered by electronic means such as telephone, SMS, email or social media. The man did not need to cite any cause for the divorce and the wife need not have been present at the time of pronouncement. After a period of
iddat, during which it was ascertained whether the wife is pregnant, the divorce became irrevocable. In the recommended practice, a waiting period was required before each pronouncement of
talaq, during which reconciliation was attempted. However, it had become common to make all three pronouncements in one sitting. While the practice was frowned upon, it was not prohibited. A divorced woman could not remarry her divorced husband unless she first married another man, a practice called
nikah halala. The practice of
talaq-e-biddat is said to have been around since the period of Caliph
Umar, more than 1400 years ago. The Supreme Court described it as "manifestly arbitrary" and said that it allows a man to "break down [a] marriage whimsically and capriciously". Instant divorce is termed ''talaq-e-bid'at''. A
hadith by
An-Nasa'i stated that
Muhammad had accused a man of mocking the
Quran by uttering divorce thrice in one go. Talaq pronounced thrice simultaneously from Muhammad to the first two years of
Umar's reign as caliph was only considered as a single divorce according to
Sahih Muslim. The latter however allowed it, upon seeing the people did not observe the iddah, but also had men using such divorce flogged.
Abu Hanifa,
Malik ibn Anas,
Al-Shafi'i,
Ahmad ibn Hanbal and majority of scholars from
Salaf and
Khalaf (later generations) are of the opinion that triple talaq is valid. In
Sunni Islam, there is a consensus (
ijma) that triple talaq is valid.
Abu Hanifa and
Malik ibn Anas considered it irrevocable despite its illegality.
Al-Shafi'i considered it permissible and
Ahmad ibn Hanbal considered it to be valid. Triple talaq is not mentioned in the Quran. It is also largely disapproved by Muslim legal scholars. Many Islamic nations have barred the practice, including
Pakistan and
Bangladesh, although it is technically legal in Sunni Islamic jurisprudence. Triple talaq, in Islamic law, is based upon the belief that the husband has the right to reject or dismiss his wife with good grounds. The
All India Muslim Personal Law Board (AIMPLB), a non-governmental organisation, had told the Supreme Court that women could also pronounce triple talaq, and could execute
nikahnamas that stipulated conditions so that the husbands could not pronounce triple talaq. According to AIMPLB, "Sharia grants right to divorce to husbands because Islam grants men a greater power of decision-making." ==Background==