mouthofthetyne.com September 25 2017




SC: Triple Talaq is Unconstitional

September 25 2017, 02:52 | Van Peters

One of the main problems is arrears in the Supreme Court

One of the main problems is arrears in the Supreme Court

India's Supreme Court declared the "instant divorce" practice among the nation's Muslim population to be unconstitutional Tuesday after decades of campaigns by women's groups.

He hailed Prime Minister Narendra Modi and his government for effectively presenting the case of Muslim women in the apex court.

She said that while they respect the judgement, they do not appreciate interference in the Muslim Personal Law as right to religious freedom is a fundamental right guaranteed under the Constitution. "All parties must keep their politics away and decide this", reads the verdict.

The law allows Muslim men to divorce their wives simply by uttering the word "talaq" three times. They struck down that part of 1937 Sharia Law that allowed it to be recognized practice among Muslims following Hanafi School.

Earlier in the day, before the verdict was announced, the writer tweeted: "India's progressive people are waiting to see triple talaq being abolished". "We had asked for a Muslim Marriage Act and the apex court has told the union government to do the same", says Shaista Amber, chairperson, All India Muslim Women's Personal Law Board, in an interview to Times of India.

One of the petitioners, Shayara Bano, who was instantly divorced in a letter from her husband while she was recovering from illness, called on the government to ban the practice as soon as possible in the wake of the court's decision.

Minister of State, for Information & Broadcasting Rajyavardhan Rathore also welcomed the Supreme Court's verdict.

The five-judge constitution bench headed by Chief Justice of India (CJI) J.S. Khehar, deciding on the verdict, was seemingly split on the legality of the practice.

The court said the practice is "unconstitutional", "arbitrary" and "not part of Islam". Overall, after seeing that this tradition of divorce is being very diplomatic and people are suing it for the selfish benefits finally today our supreme court took the charge and knocked down this whole tradition. Justice Rohinton F. Nariman and Justice Uday U. Lalit set it aside, terming it unconstitutional and violative of Article 14, while Justice Kurian Joseph set it aside on the grounds that it is against the teachings of the Quran, according to the Indian Express.

During the proceedings, the All India Muslim Personal Law Board, a non-governmental body which oversees the application of Muslim personal law, opposed the ban arguing it is a religious matter and not for the courts.

In the course of the hearing, the AIMPLB issued an advisory to telling the qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikah.



Other news