TRIPLE TALAQ


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Article type :

Original article

Author :

AMAN KHEMKA,NIKITA SULTANIA

Volume :

1

Issue :

1

Abstract :

Personal laws are believed to evolve from religion and religious beliefs of a person, these customs evolve as laws, which are then followed by the society. However, the foremost requirement of such customs to become law is their conformity with the Suprema Lex of the Land, that is the Constitution. The Muslim Law in India flows from Shariat, the main purpose behind this paper is to recognize the conformity of the act of talaq-ul-biddat or what is widely known as triple talaq in light of both Muslim personal laws as practiced by various sects in India along with that of Constitution of India. The paper takes into account the various observations made by the Indian judiciary beginning from Shah Bano Case to the Shayra Bano judgment and identifying its impact on various components of the Society

Keyword :

Talaq, Talaq-ul-biddat, Shariat, Mahr, Nikah, Muslim Woman
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