SC strikes down triple talaq
- Author: Terrell Bush Aug 23, 2017,
Aug 23, 2017, 0:39
CONTROVERSIAL Muslim divorce law, known as triple talaq, has been deemed "unconstitutional" by India's Supreme Court (SC) on Tuesday, banning the practice for six months while Parliament introduces a permanent law.
The triple talaq is the method of quitting wives by telling them three times. A batch of petitioners, mostly Muslim women led by Shayara Bano, Aafreen Rahman, Bebak Collective, had challenged the constitutionality of triple talaq, and their counsels, including senior advocates Indira Jaising, Anand Grover had fought tooth and nail to drive home the points regarding the extremely discriminatory nature of the practice.
"We welcome the Supreme Court's verdict on triple talaq". Also, maybe some people get hurt with this tradition but now it's final that Triple talaq is no more going to happen with women. Equality, triple talaq, human rights, Supreme Court.
While imposing a temporary stay on triple talaq, the apex court ruled that triple talaq did not violate Articles 14, 15, 21 & 25 of the Constitution. Practice being a constituent of personal law, it can't be set aside on the grounds of constitution morality by judicial intervention.
The All India Muslim Personal Law Board General secretaryMaulana Wali Rehmani, however, refused to comment on theverdict saying, the board will sit together and decide onthe future steps in this matter. In India, however, the practice has continued under the protection of laws that allow Hindu, Muslim and Christian communities to adhere to religious edicts in matters such as marriage, divorce and property inheritance.
Triple Talaq has been legal for Muslims as per the constitution however it turned out to be a huge headache for women who have been simply divorced through Skype and Whatsapp. The verdict in this context by the Supreme Court has put in place more complex situations in the future. Instant talaq, or "talaq-e-biddat", is banned in 22 Muslim-majority countries, including Pakistan, for being sinful and arbitrary. Triple talaq should be abolished. 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.
They directed the Central government to frame a law on triple talaq and placed an injunction on Muslims from practicing triple talaq for six months. Women of the Muslim community can now march towards progress, prosperity and education like other citizens of India.
Chief Justice JS Khehar, in a differing opinion, said that personal law could not be touched by a constitutional court of law.
Earlier, a five-judge constitution bench headed by Chief Justice JS Khehar had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.