In split verdict, SC strikes down validity of 'triple talaq' divorce

Representational pic

Representational pic

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. The Muslim Personal Law Board will be discussing the Supreme Court's verdict on triple talaq, in a meeting to be held on 10th September.

Prime Minister Narendra Modi also offered his support to end the practice, calling the law "derogatory" and "discriminatory" against women.

The judges in the minority verdict said that if the Center does not bring a law within six months, then its injunction on triple talaq will continue.

The verdict of the apex court placed India into the enviable group of nations that have banned the practice of instant triple talaq.

The opposition Congress called it "a progressive, secular judgment for equal rights of Muslim women in India".

The apex court held that the practice of triple talaq was against the basic tenets of Quran and hence unacceptable.

The invidious procedure of triple talaq is confined to the Sunnis alone, not only in India, but around the world.

She also believed that the legislation on the issue could open doors for interference in the Muslim Personal Law. The judgment has been hailed by Muslim women who had for decades been agitating against this obnoxious provision of #Muslim Personal Law.

The Centre will issue an advisory to all states, directing them to ensure that the Supreme Court's order scrapping triple talaq is complied with.

Five Muslim women had filed the petitions challenging the practice of'triple talaq in which the husband pronounces'talaq thrice in one go sometimes even by phone or a text message. Pic for representation  Atul Kamble

At the time, the government had assured the court it would present a new law on divorce to reflect the court's decision.

According to the BBC, Islamic scholars find no scriptural backing for the practice in either Sharia law or the Qur'an.

"The Supreme Court's bar on this regressive practice is a step forward for women's rights in India".

"We, the Muslim women, are entitled to justice from the courts as well as the legislature", she said.

"The Supreme Court verdict can not be misused by the government to try to interfere with personal laws through legislation", the board said in a statement.

"Triple Talaq, is within the meaning of the expression "laws in force" in Article 13 (1) and must be struck down as being void", the two judges ruled.

It will change the entire landscape of Muslim families.

Three of the judges branded the system "un-Islamic, arbitrary and unconstitutional" while another said it was not a central part of Islam.

Latest News