India Triple Talaq: 5 judges, 5 faiths, what they said

23 August, 2017, 00:58 | Author: Chad Mckenzie
  • Muslim 'instant divorce' unconstitutional, India's Supreme Court rules

"The majority view of the Supreme Court is absolutely clear that this instant pronouncement is not fundamental to the religion itself".

Most of the 170 million Muslims, religious minority in India, are Sunnis governed by Muslim Personal Law for family matters and disputes. The victims should get relief from this malpractice, ?

Anand told ANI, "It is fantastic". Only the Quran is the first source of law, therefore sources other than the Quran are a supplement to what is in it. Also, a fine and a punishment for the culprits should also be decided upon so that the cases of?talaq? are reduced, ?

The landmark verdict of the Supreme Court setting aside the practice triple talaq among Muslims, "speaks volume about the progress of the nation", Additional Solicitor General Pinky Anand said today.

Justices Kurian Joseph, Rohinton Fali Nariman and Uday Umesh Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat. He hailed the government and Prime Minister Narendra Modi for stand on triple talaq issue before the Supreme Court.

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The Indian Supreme Court on Tuesday imposed a ban on a practice that allows Muslim men to divorce their wives immediately and termed triple talaq "unconstitutional".

He firmly declined to comment on the decision of the apex court without knowing every detail of the case.

The court, by a 3-2 vote, struck down the legality of a divorce by which a Muslim man can formally dissolve his marriage to his Muslim wife by simply repeating "talaq", or "divorce", three times.

"With a new legislation to be drafted, the misuse of talaq and subsequent mistreatment of women will be curbed", he said.

The court also mentioned that all parties must keep their politics away and decide this.

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The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.

In a historic verdict, the apex court today brought the curtains down on the 1,400 year old practice of "triple talaq" among Muslims.

Last year, the government had submitted before the Supreme Court a petition signed by more than fifty-thousand women calling for a ban on the "arbitrary practice" of triple talaq.

Triple talaq gave Muslim women in India nearly no say in matters of divorce. "The whole goal of the 1937 (Muslim Personal Law (Shariat) Application) Act was to declare Shariat as the rule of decision and to discontinue anti- Shariat practices with respect to subjects enumerated in section 2 which include talaq", he said. The board further said that a Muslim woman had every right to pronounce triple talaq in all forms, and also ask for very high "mehr" amount in case of talaq.

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