LIJDLR

DISSOLUTION OF MARRIAGE UNDER MUSLIM LAW WITH SPECIAL REFERENCE TO TRIPLE TALAQ: A FEMINIST CRITIQUE

Dr. D.P. Verma, Professor (Head) at HPU Regional Centre Dharamshala, Himachal Pradesh University (India)

Kalyani Acharya, Ph.D., Research Scholar at Himachal Pradesh University (Former Research Associate at Himachal Pradesh National Law University) (India)

This paper advances a feminist critique of legislative interventions across both the colonial and post-colonial eras, examining how such interventions have profoundly shaped the evolution of Muslim personal law, with particular emphasis on the dissolution of marriage and, specifically, the practice of triple talaq. Public conversation surrounding triple talaq is largely confined to the celebrated case of Shayara Bano and the consequent criminalization of the practice, yet the issue encompasses a far wider and more complex set of concerns. This paper undertakes a critical inquiry into whether triple talaq is genuinely the core problem that media portrayal has made it out to be, or whether it is merely a consequence of the persistent failure to codify Muslim personal law in a comprehensive and systematic manner. It further raises the pointed question of why, despite the perceived severity of the problem, no meaningful legislative steps were taken toward such codification. The analysis is organized across two broad phases. The colonial phase examines the Muslim Personal Law (Shariat) Application Act of 1937 and the Dissolution of Muslim Marriages Act of 1939, exploring how colonial administrative logic shaped these enactments. The post-colonial phase then turns to the Muslim Women (Protection of Rights on Divorce) Act of 1986 and the Muslim Women (Protection of Rights on Marriage) Act of 2019, critically examining the motivations and limitations of these legislative interventions from a feminist standpoint.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 4, Issue 2, Page 601–629.
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