Of Marriage, Divorce and Criminalisation

Reflections on the Triple Talaq Judgement in India

Bibliographic Data

ID6015380
AuthorsAnindita Chakrabarti (0000-0002-5490-0501, Indian Institute of Technology Kanpur, corresponding author), K C Mujeebu Rahman (0000-0002-5993-1040, Indian Institute of Technology Kanpur), Suchandra Ghosh (0000-0001-5686-3946)
Year2022
Volume6
Issue1
Pages24-48
Publication date2022-06-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueJournal of Legal Anthropology (JOURNAL)
Journal identifiersISSN: 1758-9584 • E-ISSN: 1758-9576
PublisherBerghahn Books (PUBLISHER • GB)
DOI10.3167/jla.2022.060103
OpenAlexW4296144106
LanguageEN
Citations received6
References cited19

In India, where religion-specific laws govern issues of marriage, divorce, maintenance, adoption and inheritance, the family laws of Muslims – the largest religious minority – have been a thorny issue in the post-independence period. In recent years, the major intervention in Muslim personal law reform came in the form of the invalidation of instant divorce or triple talaq by the Supreme Court of India. Subsequently, a law was passed that criminalised it. By delving into a close examination of recent judicial activism and by drawing on our ethnographic work with Muslim women in India, we show that it is only by refocussing the debate from judicial discourse to legal practice that the trope of Muslim women’s victimhood and the tired debates about religious freedom versus citizenship rights can be questioned and bypassed

Citizenship · Inheritance (genetic algorithm · Intervention (counseling · Islamophobia · Political science · Politics · Sociology · Supreme court · Trope (literature · Anthropological Studies and Insights · Demographic Trends and Gender Preferences · Gender Studies · Islamic Studies and History · Law · Psychology

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