Introduction
The Muslim Women (Protection of Rights on Marriage) Act, 2019, represents a turning point in India's legal history and the long struggle of Muslim women against the arbitrary and unilateral practice of Talaq-e-Biddat (instant triple talaq). It came as a direct legislative response to the Supreme Court’s verdict in Shayara Bano v. Union of India (2017), which declared Talaq-e-Biddat unconstitutional and void.
While the Supreme Court judgment made triple talaq legally ineffective, there were growing concerns that without statutory backing and criminal provisions, the practice would still continue in many households. These fears were not unfounded—numerous cases of triple talaq being pronounced even after the court verdict were reported. Thus, the Parliament decided to codify the law, criminalize triple talaq, and provide mechanisms for maintenance, custody, and legal support to Muslim women affected by it.
This blog explores the background, key provisions, constitutional dimensions, criticisms, and significance of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
Background and the Need for Legislation
The practice of triple talaq, where a Muslim man could instantly divorce his wife by saying “talaq” thrice in one sitting (or even through SMS, phone, or letter), was deeply criticized for being unilateral, arbitrary, and gender-biased. Women often had no say in the decision, no opportunity for reconciliation, and no financial support post-divorce.
Despite being theologically disputed within Islam, the practice was still widely prevalent in India, especially among Muslims following the Hanafi school of thought. Over the years, several petitions reached the courts. The most notable was Shayara Bano v. Union of India, where the Supreme Court declared triple talaq unconstitutional and violative of Articles 14, 15, and 21 of the Indian Constitution.
However, the absence of penal consequences meant that some Muslim men continued to use Talaq-e-Biddat to abandon their wives. This highlighted the need for a robust law that would not only render the practice void but also act as a deterrent. The 2019 Act was introduced to fulfill this purpose and ensure that Muslim women are treated with equality and dignity in the marital relationship.
Objective of the Act
The preamble of the Act clearly states its purpose:
“To protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.”
The law aims to:
- Decline the unilateral power of men to end a marriage instantly.
- Provide legal remedies for women who are victims of triple talaq.
- Empower the woman with maintenance and custody rights.
- Punish the offender through criminal sanctions.
- Reinforce the idea that personal law cannot override constitutional rights.
This move also reflects the legislative implementation of the progressive judicial declaration already made in the Triple Talaq (Talaq-e-Biddat): Legal History and the Shayara Bano Case.
Key Provisions of the Muslim Women Act, 2019
The Act contains 8 Sections, each contributing to the legislative framework for safeguarding women’s rights post-divorce. Below are the most important provisions explained in detail:
Section 3: Talaq to be Void and Illegal
This section declares that:
“Any pronouncement of talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be void and illegal.”
This includes:
- Oral talaq
- Written talaq
- Talaq via phone, SMS, email, WhatsApp, etc.
By making it void and illegal, the section ensures that such a pronouncement has no legal effect and does not dissolve the marriage.
Section 4: Punishment for Pronouncing Talaq
This section is the most controversial and impactful. It states:
“Whoever pronounces talaq referred to in section 3 upon his wife shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.”
Key aspects:
- The offense is cognizable (arrest without warrant) and non-bailable, but only upon complaint by the wife or her relatives.
- It imposes up to 3 years of imprisonment for pronouncing Talaq-e-Biddat.
- The law seeks to deter men from exercising unlawful divorces without following legal procedure.
Critics argued this penal provision could be misused, but supporters saw it as necessary to protect vulnerable women. It marked a serious departure from the earlier absence of consequences, as explained in our blog on Talaq-e-Sunnat and Talaq-e-Biddat: A Detailed Comparison.
Section 5: Subsistence Allowance
The Act provides that:
“A married Muslim woman upon whom talaq is pronounced shall be entitled to receive from her husband such amount of subsistence allowance, for herself and for her dependent children, as may be determined by the Magistrate.”
This ensures that financial responsibility remains on the husband even if he has illegally attempted to sever ties. This provision resonates with the spirit of maintenance rights under the Dissolution of Muslim Marriages Act, 1939, which already empowers courts to consider lack of maintenance as a ground for judicial divorce.
Section 6: Custody of Minor Children
Section 6 empowers the woman to claim custody of minor children:
“A Muslim woman shall be entitled to custody of her minor children in the event of pronouncement of talaq by her husband, in such manner as may be determined by the Magistrate.”
This provides women with emotional security and legal recognition as the primary caregiver, at least temporarily, after being abandoned.
Section 7: Offense to be Cognizable and Non-Bailable
As per this section:
- The offense is cognizable only if the woman (or her blood relative) files a complaint.
- It is compoundable, meaning settlement is possible, but only with the permission of the Magistrate.
- Bail can only be granted by the Magistrate after hearing the wife.
This section attempts to balance women’s protection with judicial supervision, thereby reducing scope for misuse of the law.
Impact of the 2019 Act on Muslim Personal Law
The 2019 Act goes beyond merely banning a practice—it reinforces that personal laws must conform to constitutional guarantees of equality and dignity. By criminalizing a religiously misused tool of divorce, it sends a strong message that the State will not allow patriarchy to operate under the garb of personal faith.
Importantly, the Act does not affect valid forms of talaq, such as Talaq-e-Ahsan or Talaq-e-Hasan, nor does it interfere with consensual separations like Khula or Mubarat. It only targets Talaq-e-Biddat, which was already declared un-Islamic by many scholars and legally void by the Supreme Court.
Criticism and Controversies
Despite being progressive in intent, the Act has faced some criticism, such as:
- It criminalizes a civil wrong (divorce).
- It may lead to further alienation of Muslim men.
- It does not clarify what happens if the husband is jailed—how will the woman receive maintenance?
Some argue that the focus should have been on reform and reconciliation, not punishment. However, others counter that without deterrent measures, laws remain symbolic and ineffective.
What remains unquestionable is that the Act has empowered Muslim women, giving them a legal voice in a matter long dominated by unilateral male authority.
Conclusion
The Muslim Women (Protection of Rights on Marriage) Act, 2019 is not just a legal document—it is the culmination of decades of struggle, countless court cases, and the courage of women like Shayara Bano who stood up against arbitrary injustice. By criminalizing triple talaq, the Act reaffirms that equality, dignity, and due process are non-negotiable, even within the domain of personal laws.
While there are areas of improvement and implementation challenges, the Act marks a monumental step forward in India’s journey towards gender justice. It stands as proof that when constitutional values confront patriarchal traditions, it is the values that must triumph.
Our next blog will be on Dissolution of Muslim marriage Act,1939 Read it here
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