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Indian men can no longer say “divorce” three times and get their wish

The Indian Supreme Court Tuesday struck down an Islamic law which allowed men to instantly divorce their wives simply by saying the word “talaq” – meaning divorce – three times.

The decision has been hailed as “historic” by the five women – themselves affected by the law – who brought the case, and it is seen by women’s rights activists as a major victory for all Muslim women in India who have long had the threat of an instant divorce hang over their heads.

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The law, known as “triple talaq,” has already been outlawed in 22 Muslim-majority countries including Pakistan, Bangladesh, and ultra-conservative countries like Saudi Arabia. A five judge Supreme Court panel ruled by a narrow majority of 3-2 that the practice should be outlawed, calling it “un-Islamic,” arbitrary, and unconstitutional.

While traditionally done in person, in recent years men in India have issued their “triple talaq” decrees over email, WhatsApp, and even on postcards. Campaigners say thousands of women have been divorced by their husbands in this way, and often left destitute as a result.

Five judges deliberated for three months before issuing their ruling, with each judge representing one of India’s major faiths — Hinduism, Christianity, Islam, Sikhism, and Zoroastrianism.

In a rare moment of unity, all of India’s top political parties welcomed Tuesday’s verdict, with Prime Minister Narendra Modi calling it a “powerful measure for women’s empowerment.”

Not everyone was in agreement with the decision however, and the All India Muslim Personal Law Board – the non-governmental body that oversees the implementation of Islamic law in India – said it would study the judgement before deciding on its next step.

India allows religious institutions to govern matters such as marriage, divorce and property inheritance through civil codes designed to protect the independence of religious communities.