mouthofthetyne.com September 21 2017




Mohammad Kaif supports SC decision on Triple Talaq, gets trolled

September 21 2017, 07:42 | Sammy Rose

India finally bans instant divorce

The ruling is of key political significance with Prime Minister Narendra Modi himself leading the chorus against the practice referring to it most recently in his Independence Day speech

Hence there was no difficulty in declaring this practice unconstitutional. While giving the judgment, SC referred to other Islamic countries which have banned the regressive practice and asked why India could not get rid of it. Justices Kurian Joseph, RF Nariman and UU Lalit held triple talaq as violative of the Constitution.

The Act was viewed as discriminatory as it denied divorced Muslim women the right to basic maintenance which was granted to women of other faiths under secular law. But when she asked her local cleric about the matter, he insisted that the divorce was valid so she made a decision to challenge the very notion of the triple talaq in the courts. Most grateful to the apex court will be tens of thousands of Muslim women who have been victims of this unjust practice for hundreds of years. "Many a time it is an exit mechanism to relieve women from unsuccessful and troublesome marriages". He said the practice should not violate public health, morality and order.

In an interview to NDTV, she said "The Talaqnama was sent to me via speed post".

"The practice [biddat] can not be set aside on the violation of constitutional morality through a judicial order", he held. "What is not fully moral, can not be legal".

A five-judge constitutional bench, by a 3:2 majority judgement, said there is no constitutional protection for triple talaq.

Yogendra Yadav: A victory for Muslim women and women's movement in general.

"Having respected the Supreme Court's judgements in the past, today's judgement on triple talaq will also be considered by us", executive member Zafaryab Jilani said. Consequently, Sharia courts run by Islamic organisations in India will remain in business. He said that Islam can not have any room to dictate to any person and the Quran says that killing an innocent person was like killing the entire humanity.

Interestingly, 32 years back, Rahul's father, Rajiv Gandhi, had overturned the then Supreme Court's verdict in the Shah Bano case.

"My family is of utmost importance to me".

Shayara Bano is the petitioner who moved the Supreme Court in 2016 on the "triple talaq" issue. Meanwhile, admitting misuse of triple talaq in the Muslim Personal Law, legal expert Md. He stayed within the realm of Islam and examined whether it forms an essential core of the religious practice. But he argued that court should not examine it. Grover also contested AIMPLB's claim that its voice was representative of the Muslim community.

He disagreed with the CJI that there can not be any constitutional protection to triple talaq.

Hence, the majority decision held that any practice, including that of the triple talaq, that goes against the tenets of Islam would be regarded as null by the Indian law.

Noor Jahan Niaz, president of the Bharatiya Muslim Mahila Andolan group has also welcomed the ruling.



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