Abstract:

     The practice of Talaq-e-biddat - triple talaq has been set  aside by the Supreme Court of India in Shayara Bano v. Union of India on August 22, 2017 with not so clear majority of 3:2. The decision of the court in accordance with the difference of opinions therein is very intriguing. The judicial reasoning advanced by the judges (both as majority opinion and as minority opinion),  in the light of legal history of the concept, the personal law, the concept of law,  freedom of religion and judicial intervention as major factors for consideration, among others, which have been articulated differently in different opinions. The critical exploration of these opinions from historical and futuristic perspective will shade some light on the journey so far and the road ahead for personal laws in India.

The recent triple talaq verdict was a culmination of a long legal battle for women’s rights in marital life within the religious realm. Although much awaited, the verdict was not surprising. It reiterated a previous verdict in the Shamim Ara case that held instantaneous triple *talaq* invalid and unconstitutional. However, one critical question persists, why did it have to be reiterated by the courts? How does public discourse around the case implicate Muslim women in the politics of Muslim backwardness?

The Shah Bano judgement and its aftermath illustrated how the role of religious orthodoxy in legitimising matters of faith poses a major challenge to the question of Muslim women’s autonomy in marital and family life. In the recent years, Muslim women’s groups have been advocating for equality within the religious realm. They have been using multiple strategies of public self-representation and interpreting the Quran and Shariat from a women’s perspective, opening up new possibilities of political agency. Their activism illustrates an urgent need for addressing concerns of representation, democratization and accountability within the Muslim clergy we still have miles to go.

Panelists:
Abhijit Rohi is an Assistant Professor of Law at Maharashtra National Law University Mumbai. His areas of interest are human rights law,  personal laws relating to marriage and adoption, and cyber law.
Qudsiya Contractor is Assistant Professor, Centre for Study of Social Exclusion and Inclusive Policies, Tata Institute of Social Sciences, Mumbai. She was a visiting Fellow at the Max Planck Institute for Study of Religious and Ethnic Diversity in 2015 and currently a Fellow at the India-China Institute, The New School, New York. Sciences.