Only Instant Triple Talaq Is Banned, Talaq-e-Ahsan Remains Permissible | Islamic Law Explained

Only Instant Triple Talaq Is Banned, Talaq-e-Ahsan Remains Permissible | Islamic Law Explained

In this detailed legal explainer, Sudhanshu Mishra breaks down the recent Bombay High Court judgment in Tanveer Ahmed Patel v. State of Maharashtra (2025), where the Court clarified that only instant triple talaq (Talaq-e-Biddat) is banned under the Muslim Women (Protection of Rights on Marriage) Act, 2019. The Court upheld that Talaq-e-Ahsan—a traditional and gradual form of divorce in Islamic law—remains legally valid and permissible in India.

The case involved serious marital disputes, a formal notice of talaq, and observance of the 90-day iddat period with no cohabitation. The Court quashed criminal proceedings against the husband and his family, emphasizing that the 2019 Act prohibits only instantaneous, irrevocable divorces—not those compliant with Islamic jurisprudence and due legal process.

🔍 Key Highlights:
✅ What is Talaq-e-Ahsan and how is it different from Talaq-e-Biddat?
✅ Analysis of the 2019 Act and its implications on Muslim divorces.
✅ Why the High Court ruled in favor of the husband in this case.
✅ Types of Talaq under Islamic law: Ahsan, Hasan, and Biddat explained.

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