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India Is Banning 'Instant Divorce' for Muslims

Men had been allowed to end marriages by saying 'Divorce' three times
By Newser Editors and Wire Services
Posted Aug 1, 2019 12:10 AM CDT
An Indian Muslim couple walks near Jama Mosque in New Delhi, India, Tuesday, July 30, 2019.   (AP Photo/Altaf Qadri)
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(Newser) – Indian lawmakers have approved a bill to end the Muslim practice of instant divorce, two years after the country's Supreme Court ruled that it violated the constitutional rights of Muslim women. Law Minister Ravi Shankar Prasad said the bill's approval by the upper house of Parliament reflects the empowerment of women and India's changing profile. The more powerful lower house approved the bill last week. It will become law after India's president approves it, which is a formality. Most of the 170 million Muslims in India are Sunnis governed by the Muslim Personal Law for family matters. The law has included allowing Muslim men to divorce their wives by saying "Talaq," the Arabic word for divorce, three times—and not necessarily consecutively, but at any time, and by any medium, including telephone, text message, or social media post.

More than 20 countries, including neighboring Pakistan and Bangladesh, have banned the practice. The 99-84 approval on Tuesday was a victory for Prime Minister Narendra Modi's government, the AP reports. The opposition had blocked the bill for more than a year, as the ruling party lacked majority support in the upper house. A split in the opposition ranks helped the government cross the line. Ghulam Nabi Azad, a Congress party leader, said the opposition parties were opposed to a clause providing a three-year jail term for a husband who divorced his wife in such a way, arguing that no other religion has such a punishment. The opposition also said the bill had no clarity on spousal support if men were jailed for an instant divorce.

(Read more India stories.)

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