Triple Talaq judgment a victory for 'Brave Muslim Women': Shabana Azmi
25 August, 2017, 01:36 | Author: Chad Mckenzie
He said that the judgment grants equality to Muslim women and is a powerful measure for women's empowerment.
In court, PM Modi's government backed the women who petitioned against triple talaq, saying the practice of allowing men to divorce their wives simply by uttering "talaq" or divorce three times was unconstitutional and derogatory for women.
Meanwhile, the SC verdict declaring triple talaq as unconstitutional has been welcomed mostly by Muslim women in Madhya Pradesh.
Lack of awareness among the public considered the main cause of it. Mariya Salim of the Bharatiya Muslim Mahila Andolan said "The Muslim Personal Law Boards have created terror among Muslim women by bringing other issues like the Uniform Civil Code to the front".
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"We welcome the verdict".
The apex court heard several pleas filed by Muslim women who had challenged the practice of instant triple talaq, where a man divorces his wife by pronouncing the word "talaq" thrice. The rights that Muslim women should get, they are finally getting.
India does not have a homogeneous set of laws on marriage and divorce that apply to everyone and while most Islamic countries, including Pakistan and Bangladesh, have banned triple talaq it has persisted in among Indian Muslims.
It held that triple talaq was against the basic tenets of Quran.
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The practice of instant triple talaq enabled the husband to unilaterally terminate the matrimonial relationship without a cause, he said. Indeed, the burden of promoting equality for women while simultaneously avoiding a fundamental adjustment in the status of Islamic personal laws should not always have to be borne by the apex court. "Goa too, has a sizeable population of Muslims and it also a relief for them", BJP State general secretary Sadanand Tanawade told Herald.He said the judgment not only provides justice to Muslim women but also empowers them. Mr Sibal argued in court that the triple talaq was a matter of faith that judges must not interfere with and also that the "practice is sinful, but legal".
Chief Justice J.S. Khehar, who is due to retire later this month, was a dissenting voice.
However, it injuncted Muslim husbands from practicing instant divorce as a means of severing their matrimonial relationships for a period of six months subject to a legislative process being initiated in that period for making a law on the issue.
Mohammad Kaif voicing his opinion on his Twitter handle said that the ban on instantaneous talaq practice would give Muslim women security. The Muslim Personal Law can also be amended so long as the provision is not an integral part of the religion.
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Only the Quran is the first source of law, therefore sources other than the Quran are a supplement to what is in it. He hailed the government and Prime Minister Narendra Modi for stand on triple talaq issue before the Supreme Court.
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