Muslim marriage

Marriage is the union of men and women in order to add generation to society. The objective of marriage is
to protect society from unchastity, foulness and bastardisation.

Marriage, or Nikah, holds a position of great importance in Muslim law. It is regarded not only as a means of
fulfilling natural instincts and desires but also as a vital institution for the establishment of a stable family and
society. Unlike Hindu marriage, which is considered a sacrament, marriage under Muslim law is essentially a
civil contract with religious significance. Prophet Muhammad encouraged marriage as a moral safeguard and
a social necessity, but fundamentally, it remains a contractual relationship based on consent and obligations.

Marriage among Muslims, are not just wedding ceremonies but formal contracts known as nikah where the
details of the marriage and other aspects are well negotiated and said in the presence of an imam. These
contracts consist of an offer and acceptance commonly referred to as Ijab and qabul by either the spouse or
their guardians willingly. Even though nikah may be conducted in secret , Witnesses are mandatory, usually
two males who are Muslims.

The Arabic word nikah literally means the union of the sexes and in law this term means ‘marriage’.

According to Justice Mahmood, “marriage among Mohammedan is not a sacrament, but purely a civil
contract”

According to Muslim law, marriage is a contract for the purpose of legalisation of intercourse, procreation of
children and regulation of social life in the interest of society.

Essentials of Muslim marriage

Though in the Muslim communities certain social functions and ceremonial rights are performed at the time
of marriage such functions or rights are not legally necessary. The solemnization of marriage requires
adherence to certain forms and formulas . They are called the essentials of valid marriage

If any of these are not fulfilled the marriage becomes either void or irregular

1. Proposal and acceptance - The marriage process among Muslims begins with the proposal and
Acceptance by the other. It is absolutely necessary that this the man or someone on his behalf and
the woman or someone on her behalf should agree to the marriage at One meeting. Proposal made
at one meeting and an acceptance at another meeting do not constitute a valid marriage.
2. Competent parties- For a marriage to be valid both parties must meet certain competency criteria:
Majority and sound mind
The parties to marriage must have capacity to entering into contract . In other words they must be
competent to marry. A Muslim who is of sound mind and who has attained puberty may enter into a
contract of marriage.
The parties must be able to Understand the nature of their act.
Puberty and majority are in the Muslim law one and the same. The presumption is that a person
attains majority at the age of 15. In case one of the parties involved is a minor, Consent from
responsible garden is also necessary.
3. Free consent- The consent has to be mutual and free and not obtain either by fraud force or mistake
Whenever marriage is contracted under force, fraud or Coercion, The marriage is said to be void.
4. Presence of witnesses - Two male witnesses or one male and two female witnesses are required. For
Shia’s witnesses are not mandatory but advisable for proof.
 5. Free from legal disabilities- Legal disabilities means the existence of certain circumstances under
which marriage is not permitted. Categorised into absolute and relative prohibition:
Absolute prohibitions
 Consanguinity- Consanguinity Means blood relationship and bars man from marrying his
mother or grandmother, Daughter’s ,granddaughter, Sister, niece ,aunt.
 Affinity: A man is prohibited from marrying his wife’s mother, His wife’s daughter or
granddaughter ,wife of his father, Wife of his son or grandson.
 Fosterage: means breastfeeding by a woman other than the Childs Biological Mother.
Marrying such women is unlawful.

Is Muslim Marriage a Civil Contract or Sacrament?

Marriage (Nikah) holds a highly respected position in Muslim society. It is considered a moral safeguard and a
social necessity, helping in the establishment of families and regulation of society. However, from a legal
point of view, marriage under Muslim law is primarily treated as a civil contract, even though it carries
significant religious importance.

Muslim jurists and classical Islamic texts consistently emphasize the contractual nature of marriage,
highlighting the importance of offer, acceptance, consent, and consideration (dower/mehr).

Muslim marriage by some text writers and jurists, Is treated as a mere civil contract and not of sacrament.
This observation seems to be based on the fact that marriage under Muslim law has simulated characteristics
as a contract. For instance-

1. Proposal and Acceptance (Ijab and Qubul)

Marriage requires an offer by one party and acceptance by the other in the same meeting — a
fundamental element of a valid contract.

2. Free Consent
The consent of both parties is essential. If consent is obtained by force, fraud, or coercion, the
marriage becomes invalid, similar to how contracts are treated.

Case-Mahmood v. State of U.P. AIR 1974 -Marriage under coercion, fraud, or undue influence is invalid.

3. Competency of Parties
Both parties must be legally competent, i.e., they must have attained puberty, must be of sound
mind, and must not fall under prohibited relationships.

4. Consideration (Mehr)
The dower or Mehr is a mandatory financial obligation upon the husband towards the wife, acting as
a form of consideration, similar to a contract.

5. Rights and Obligations

Marriage creates mutual rights and duties such as maintenance, inheritance rights, legitimacy of
children, and marital obligations — again resembling a contractual relationship.

6. Termination Possible
Like other contracts, marriage can be dissolved through divorce (Talaq), judicial decree, or mutual
agreement (Khula or Mubarat).
 7. Void and Irregular Marriages
Muslim law recognizes the concepts of void (batil) and irregular (fasid) marriages, much like void
and voidable contracts under general contract law.

Thus, marriage is built on the pillars of contract law: offer, acceptance, consideration, competence, and free
will.

Religious Aspect of Marriage

Although Muslim marriage (Nikah) is primarily a civil contract, it carries strong religious importance.
Marriage is considered a Sunnah (the way of the Prophet Muhammad) and a moral safeguard. Islam
encourages marriage to promote modesty, morality, and the formation of families, which are the foundation
of society.

Thus, while legally a contract, marriage is also viewed as a religious duty and a virtuous act, bringing spiritual
reward and social harmony.

In Abdul Kadir v. Salima (1886), the Allahabad High Court clearly held that marriage under Muslim law is a
contract, though solemnized with religious ceremony.

Kinds of Mariage
Muslim marriages are a social contract and legally binding upon parties hence it is classified accordingly.
The classification of marriages under Muslim laws is:

o Sahih Nikah (Valid Marriage)

o Batil Nikah (Void Marriage)

o Fasid Nikah (Irregular Marriage)

o Muta Marriage (Temporary Marriage)

1. Valid Marriage (Sahih Marriage)

A valid marriage is a lawful and complete marriage that fulfills all the essential requirements laid
down by Muslim law. These essentials include a proper offer (ijab) and acceptance (qabul), free
consent of both parties, presence of proper witnesses (at least two adult Muslim witnesses in Sunni
law), and the parties must not be within the prohibited degrees of relationship. The effects of a valid
marriage are that the spouses gain mutual rights and duties, the wife becomes entitled to
maintenance and dower, children born are legitimate, and both spouses can inherit from each other.

Effect of a Valid Marriage

A valid marriage has social and legal implications some of which are as follows:

 Marriage provides husband and wife with rights of inheritance.

 The wife gets the right of maintenance and alimony for her and the children under Section
125 of Criminal Procedure Code, 1973 after the decision of the Supreme Court in Mohd.
Ahmad Khan v. Shah Bano Begum (1985).

 The ritual of Iddat has to be performed by the divorced wife after the dissolution of
marriage or when she becomes a widow. During this period, she cannot remarry.
 2. Void Marriage (Batil Marriage) A vo

id marriage is absolutely unlawful and has no legal existence from the beginning. It arises when the marriage
is contracted in violation of mandatory prohibitions, such as marrying within prohibited degrees of blood
relationship or marrying a woman who is already married. There are no legal rights or obligations between
the parties, no mutual inheritance, and no maintenance rights. Children from a void marriage are generally
considered illegitimate, although modern reforms often provide them some protection. Such a marriage
cannot be validated by subsequent events.

Sakina Bano v. State of U.P. (AIR 2000 All 211A) : held that Marriage with a person within prohibited degrees
is void.

Void marriage is a marriage that does not fulfil the necessary conditions of a valid marriage. In batil
marriage no legal rights and obligations are followed. Following kinds of marriages are considered void:

o A marriage falling under prohibited degrees of relationship, i.e., marriage between the
parties having blood relations.

o Marriage prohibited by the reason of affinity (E.g., Sister, aunt, niece etc.).

o Marriage with foster mother or foster sister.

o Marriage with someone else’s wife provided her marriage is still subsisting.

o some other kinds of marriages might also be void as considered by rules of a certain school
of Muslim law.

Effect of a Void Marriage

 A void marriage is of no legal effect either before or after consummation.
 It does not create any rights or obligations between the parties.
 The wife is not entitled to maintenance.
 One cannot inherit from the other, but the woman is entitled to dower if the
void marriage has been consummated.
 The offspring of a void marriage is illegitimate.
 The parties can separate from each other at any time without
divorce and may contract another marriage lawfully.

3. Irregular Marriage (Fasid Marriage)

An irregular marriage is one that suffers from a minor defect, making it incomplete but
not totally void. Examples include a marriage without witnesses (in Sunni law), a
marriage during the woman’s iddat, or marriage to a fifth wife when four are already
alive. An irregular marriage can become valid if the defect is removed — for instance,
marriage after the completion of iddat becomes valid. Until regularized, the marriage
gives limited rights: children are legitimate, the woman is entitled to dower, but there
are no inheritance rights between the spouses.
Some grounds which make the marriage irregular (fasid) are:
o Marriages contracted without witnesses (Sunni Muslims),

o Marriage with a fifth wife (Sunni Muslims),

o Marriage with a woman undergoing Iddat,

 o Marriage with non-scriptural woman (i.e., idolatress or fire worshipper),

o Marriage contrary to the rules of unlawful conjunction.

Effect of an Irregular Marriage

 Before consummation in a marriage, the wife is not entitled to obtain a
dower from her husband if he divorces her.
 There is no legal obligation on the wife, she is not bound to follow the rules
of Iddat.
 The wife has no right to claim maintenance from the husband during the
Iddat period.
 After consummation of marriage a child born out of irregular marriage is
considered legitimate and has all right of inheritance of property.
According to Shia law marriages may only be either valid or void .There is nothing like
irregular marriages under Shia law. However under Shia law contracted without
witnesses is valid it is not void.

Muta Marriage (Temporary Marriage)

The word “muta” literally means “enjoyment or use”. It is a marriage for pleasure for a
fixed period of time, also known as temporary marriage. Muta marriage signifies
marriage that has Contracted temporary for specific duration by fixing the amount of
dower. This type of marriages is recognised only under the Itna Asharia School of the
Shia sect and is void under Sunil Law .The purpose of Muslim Muta Marriage is to
prevent adultery and to give legitimacy to child born out of such marriages
Essentials
Everything should be fixed regarding period, succession, Mehr. It comes to an end
automatically after the expiration of the period but it can be revived automatically
mutually. The children out of Muta Marriage are legitimate and capable to inherit the
property of parents. If the marriage is consumed the wife is entitled to get the full
dower even after the contract comes to an end prior to the scheduled. If the wife
breaks the contract then she is entitled to get proportionate dower.
Dower
Dower, also known as “mahr” in Islamic law, refers to the amount of money or property
that a husband pays to his wife as a mark of respect and support. It serves as a
financial provision for the wife’s sustenance and welfare, ensuring that she is not left
helpless in the event of marriage dissolution.
In Muslim law, dower (called mahr in Arabic) is a mandatory payment that the
husband must give to the wife as part of the marriage contract.
It’s not a gift or charity — it’s the wife's legal right. She can demand it, and it's
considered a mark of respect and commitment. The dower can be money, property,
or anything valuable, and it can be set:
 Before the marriage (fixed at the time of nikah),
 At the time of marriage, or
 Even after the marriage (if it wasn’t fixed earlier).

The wife has the right to refuse to live with her husband until the prompt
dower is paid, without losing her right to maintenance. If the dower is unpaid,
it becomes a debt on the husband, recoverable by the wife during his lifetime
or from his estate after his death.

Thus, dower serves both as a form of financial security for the wife and as a
sign of the husband's sincere intention in marriage.

The dower may be classified into:

 Specified Dower (Mahr-i-Musamma)
 Customary Dower (Mahr –i- Misl)

Purpose of Dower
in Islamic law, dower is explained as the payment made by the
husband to the wife at the time of marriage as a consideration for
the union. Its primary objective is to secure the wife’s well-being and
provide for her after the termination of the marriage, whether
through divorce or the husband’s death.

Is it a consideration or an obligation?
Dower is not considered a "consideration" for marriage. Marriage (nikah) in Muslim law is regarded as a pure
contract, but unlike a typical civil contract, the validity of marriage does not depend on the payment of
dower.
Marriage is a religious and civil contract, but dower is not the cause or consideration for marriage. It is a
symbol of respect, and a duty imposed on the husband by Muslim law.

Here’s how to think about it:

 In ordinary contracts (like buying a car), consideration (money/payment) is necessary for the contract
to be valid.

 In marriage, however, even if no dower is fixed or paid at the time of marriage, the marriage is still
perfectly valid.

 The dower is simply an obligation that arises because of marriage, not in exchange for marriage.

Dower (Mahr) is an obligation, not a consideration.

 In Muslim marriage, the marriage itself is valid without any "exchange."

 Dower is a legal obligation on the husband arising out of the marriage, not something given "in
return" for marriage.

The famous Muslim jurist Mulla puts it like this:

"Dower is an obligation imposed by law as a mark of respect for the wife."

In Abdul Kadir v. Salima(1886), the Court observed that Muslim marriage is a civil contract and dower is a
legal obligation arising from marriage, not its consideration.

In Hamira Bibi v. Zubaida Bibi,(1916) it was held that dower is an obligation attached to marriage and not its
consideration.

Classification of dower
The dower may be classified into:
 Specified Dower (Mahr-i-Musamma)
 Customary Dower (Mahr –i- Misl)

Specified Dower: If the amount of dower is stated in the marriage contract, it is called the
specified dower. It may be settled by the parties to the marriage either before or at the time for
the marriage or even after marriage. If the marriage of a minor or lunatic boy is contracted by a
guardian, such guardian can fix the amount of dower. The Dower fixed by the guardian is binding
on the minor boy and he cannot on attaining the age of puberty take the plea that he was not a
party to it.
It is further divided into -
o Prompt Dower
o Deferred Dower
 Prompt Dower: It is payable immediately after marriage on demand. Prompt Mehar is
payable immediately after the marriage and the wife has the right to demand it at any
time; she can even refuse conjugal rights until it is paid. It is only on the payment of the
 prompt dower that the husband becomes entitled to enforce the conjugal rights unless
the marriage is already consummated. The right of restitution arises only after the dower
has been paid.
 Deferred Dower: It is payable on the dissolution of marriage either by death or divorce.
 Deferred Mehar (Mu’wajjal) is the portion of Mehar that is agreed to be paid at a later
time, usually upon the dissolution of marriage by divorce or the death of the husband. In
this case, the wife cannot demand the deferred Mehar during the continuation of the
marriage unless a specific time for payment was fixed and that time has arrived. Deferred
Mehar acts like a debt against the husband and becomes immediately payable upon the
occurrence of the specified event. If the husband dies, the unpaid deferred Mehar can be
claimed by the wife from his estate before the distribution of inheritance. It is treated as a
secured financial right of the wife, providing her with economic protection after the end of
the marital bond. Until the dissolution occurs, the wife generally cannot refuse conjugal
rights on the ground of non-payment of deferred Mehar.

Customary Dower
 It is further divided into -
o Proper Dower
Proper Dower (Mahr-i-Mithli) is the Mehar amount that is considered customary and reasonable,
determined by the wife’s status, social standing, and the usual practice in her family or
community. If no specified dower (Mahr-i-Musamma) is agreed upon, the court will determine
the proper dower according to what is appropriate for the wife, considering factors like her age,
beauty, and family background. It ensures fairness and prevents the wife from being deprived of
her rightful dower.

Remedies for wife in case of non payment of Dower

All women have been given a right to claim Dower during their marriages, under Muslim law. Like any other
law the woman has some remedies if such rights is violated. These remedies can be used by women to claim
their payments in case where no dower is given to them.

1. Refusal to cohabit: The wife can only refuse to cohabit with her husband
if the Prompt Dower has not been paid to her in the marriage if consumation has
not occurred. The Guardian of a minor or an insane girl has the right to bring her
back from her husband’s house and further refuse to send her back till her dowry
is paid .The wife is entitled to receive maintenance from the husband even if she
believes at her gardian’s home and not with the husband.
2. Right to Refuse Conjugal Rights
  The wife can refuse to cohabit with the husband until the prompt dower
(immediate mahr) is paid.
 This refusal is lawful and does not amount to disobedience.
 Even if she is living separately due to non-payment of dower, she is entitled to
maintenance.
Case Law:
Abdul Kadir v. Salima — A wife has the right to refuse conjugal relations until the
prompt dower is paid.
3. Filing a Suit for Recovery of Dower
 The wife can file a suit for recovery of unpaid dower as a debt.
 She can do this during the marriage or after divorce or even after
husband's death against his legal heirs.
Key Point:
Dower is considered a debt owed by the husband to the wife.
4. Right to Retain Possession of Husband’s Property
 If the wife has lawfully obtained possession of the husband's property, she
can retain it until her dower is paid.
 This is called the "right of retention".
 She does not acquire ownership, but can retain possession as a security.

5. Maintenance under Section 125 CrPC

 If dower is unpaid and the wife refuses cohabitation, she can still claim
maintenance under Section 125 of the Criminal Procedure Code.
 Husband cannot deny maintenance just because she is not living with him if
dower is unpaid.

Importance of Dower
1. Symbol of Respect and Honor for the Wife

 Dower is a way to honor and respect the wife. It shows that marriage is not a mere contract of
convenience but a social and moral responsibility. It uplifts the wife's dignity and status.

2. Financial Security for the Wife

 It provides economic security to the wife. In case of divorce, death of husband, or other hardships,
dower acts as a financial safeguard. It ensures the wife is not left destitute.
 3. Creates a Legal Debt on Husband

Dower becomes a debt upon the husband. The wife has a legal right to demand it. It is enforceable in court
just like any other debt.

4. Condition for Conjugal Rights

Until the prompt dower is paid, the wife can lawfully refuse to cohabit with her husband. It gives her a
powerful legal tool to ensure her rights are respected.

5. Protects Against Misuse

 Dower discourages men from taking marriage lightly or treating it as a casual relationship. It puts a
financial and moral responsibility on the husband.

Dower = Honor + Protection + Financial Security + Legal Right + Moral Duty

Salient features of dower (also called mahr in Islamic law):

1. Legal obligation: Dower is a mandatory payment by the husband to the wife, not a gift or charity.

2. Wife’s right: It is the personal property of the wife — she has full rights over it.

3. Part of marriage contract: Dower is an essential part of a valid Muslim marriage (nikah), even if it’s
not mentioned specifically.

4. Can be fixed before, at, or after marriage: The amount and terms of dower can be decided anytime
— before the marriage, at the time of marriage, or even after marriage.

5. Two types — Prompt and Deferred:

o Prompt dower: Payable immediately after marriage or on demand.

o Deferred dower: Payable later — usually at divorce or death.

6. No maximum limit: There’s no upper limit for dower, but it should be reasonable according to the
husband’s financial status.

7. If unspecified, reasonable dower is presumed: If no amount is fixed, the wife is still entitled to a
reasonable dower (mahr-i-misl), based on social customs.

8. Wife can forgive dower: The wife can voluntarily waive her right to dower, but only if she’s an adult
and acts without pressure.

9. Recoverable as debt: If unpaid, the wife can legally claim the dower amount, just like recovering a
debt.

10. Affects property rights: A wife can retain possession of the husband’s property until her dower is paid
(right of lien).

Distinguish between judicial and extra judicial form of divorce as

provided in the Islamic jurisprudence
Judicial Divorce = Divorce through court based on valid reasons.
Extra-Judicial Divorce = Divorce done privately, by the husband/wife themselves, usually no court involved.

Basis Judicial Divorce Extra-Judicial Divorce

Divorce granted by a court of law after judicial Divorce done outside of court, by
Meaning
proceedings. husband, wife, or mutual consent.

Court or Judge intervenes and grants divorce on Husband or wife themselves exercise the
Authority
valid grounds. right of divorce directly.

Applicable Governed mainly by statutes like the Dissolution of Governed by classical Islamic law and
Law Muslim Marriages Act, 1939. customs.

Generally wife (since husband already has extra- Husband (Talaq), wife (Khula, Talaq-e-
Initiated by
judicial rights). Tafweez), or mutual (Mubarat).

Grounds Specific grounds like cruelty, desertion, impotence, No grounds necessary (especially for
Needed failure to maintain, etc. are needed. husband's talaq).

- Husband pronouncing Talaq.

- Wife seeking divorce due to cruelty.
Examples - Wife seeking Khula.
- Husband missing for 4 years.
- Mutual divorce via Mubarat.

Can be oral, written, or implied by

Formality Legal process, filing a suit, evidence required.
conduct, depending on type.

Protect rights of women and ensure fair Provide quick dissolution without court
Objective
procedure. intervention.

The Dissolution of Muslim Marriages Act, 1939 lays down several judicial grounds on which a Muslim woman
can seek divorce through the court

 Absence of Husband: If the husband has been missing for four years
and his whereabouts are unknown.
 Failure to Maintain: If the husband has neglected or failed to
provide maintenance for two years, without reasonable cause.
 Imprisonment of Husband: If the husband has been sentenced to
imprisonment for seven years or more.
 Failure to Perform Marital Obligations: If the husband has failed to
perform his marital obligations for three years without any reasonable
cause.
 Impotency of Husband: If the husband was impotent at the time of
marriage and remains so.
 Insanity, Leprosy, or Venereal Disease: If the husband has been
insane for two years, or is suffering from a virulent venereal disease or
leprosy.
 Cruelty: If the husband treats the wife with cruelty, which can include
physical violence, associating with women of ill-repute, forcing immoral
conduct, preventing her religious practices, or false accusations.
  Exercise of Option of Puberty : If a girl was married off before the age
of 15 and seeks divorce before completing 18 years, provided the
marriage has not been consummated.
 Any Other Ground Recognized by Muslim Law: This acts as a general
clause allowing courts to accept other reasonable grounds traditionally
accepted under Muslim law.

After a valid divorce, the following legal consequences arise:

1. Termination of Marriage Contract (Nikah)

o The marriage is completely dissolved. Both husband and wife
become strangers to each other.
2. Iddat Period
o The wife must observe an iddat (waiting period) generally lasting
three menstrual cycles (for menstruating women), three lunar
months (for non-menstruating women), or until the birth of the
child (if pregnant).
3. Maintenance During Iddat
o The husband must maintain the wife financially during the iddat
period.
4. Payment of Dower (Mahr)
o If any part of the mahr (dower) was unpaid during marriage, the
wife has a right to claim the entire unpaid dower after divorce.
5. End of Inheritance Rights
o After divorce and iddat, the ex-spouses lose the right to inherit from
each other.
6. Custody and Maintenance of Children
o Custody (hizanat) generally belongs to the mother, but the father
remains responsible for the financial maintenance of the children.
7. Right to Remarry
o After completion of iddat, both husband and wife are free to remarry
— either each other (after proper procedure) or other individuals.
8. Return of Gifts and Property
o Generally, gifts are not returned unless agreed otherwise. Issues
related to dowry or property are handled separately under general
laws.

What is Triple Talaq?

 Triple Talaq, also known as Talaq-e-Biddat, is a practice among some Sunni
Muslims where the husband pronounces the word "talaq" three times in one
sitting, resulting in instant and irrevocable divorce.
 It does not require any waiting period or attempts at reconciliation.
  This form of talaq is considered innovative and irregular (Biddat) under
Islamic law. It is not preferred, but was historically practiced.

Constitutional Challenges to Triple Talaq

 Triple Talaq was challenged on the grounds that it violates fundamental rights
guaranteed under the Constitution of India.
 The main rights involved were:
o Article 14 — Right to Equality, Article 15 — Prohibition of
discrimination , Article 21 — Right to life and personal liberty (including
dignity), Article 25 — Freedom of religion
The key question before the court was whether Triple Talaq is protected under the right
to religion (Article 25) and if it could override fundamental rights of Muslim women.
Landmark Case: Shayara Bano v. Union of India (2017)
 Background: Shayara Bano, a Muslim woman, challenged the practice after her
husband divorced her through Triple Talaq.
 Supreme Court Verdict:
o A five-judge bench of the Supreme Court heard the matter.

o Majority Judgment (3:2) declared Triple Talaq unconstitutional.

o Main reasons:

 Triple Talaq is arbitrary, as it leaves no room for reconciliation or

fairness.
 It violates Article 14 (Right to Equality) because it discriminates
against Muslim women.
 Religious practices that are "essential" to a religion are protected
under Article 25, but Triple Talaq was not essential to Islam. It was
considered a bad innovation (Biddat).
 Personal laws are subject to the test of fundamental rights.
Thus, the practice of instant triple talaq was struck down as void and illegal.
Legislation: The Muslim Women (Protection of Rights on Marriage) Act, 2019
 After the Supreme Court judgment, Parliament passed a law to criminalize Triple
Talaq.
 Key features of the Act:
o Instant Triple Talaq is a cognizable offense punishable with up to three
years’ imprisonment.
o The offense is compoundable (i.e., the wife can agree to drop charges)
and bailable on discretion of the magistrate.
o Provision for maintenance to the wife and custody of children.
This law made it clear that Triple Talaq not only had no legal effect but would also invite
criminal punishment.
Triple Talaq is an arbitrary, non-essential, and discriminatory practice. It was
declared unconstitutional by the Supreme Court in Shayara Bano case (2017).
Parliament reinforced the ban by enacting The Muslim Women (Protection of
Rights on Marriage) Act, 2019.