Arab News

India’s top court bans Islamic instant divorce

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NEW DELHI: India’s top court on Tuesday banned a controvers­ial Islamic practice that allows men to divorce their wives instantly, ending a long tradition that many Muslim women had fiercely opposed.

The Supreme Court ruled that the practice of “triple talaq,” whereby Muslim men can divorce their wives by reciting the word talaq (divorce) three times, was both unconstitu­tional and un-Islamic.

Victims including Shayara Bano, whose husband used triple talaq to divorce her by letter in 2015, had approached India’s highest court to ask for a ruling.

A panel of five judges from India’s major faiths — Hinduism, Christiani­ty, Islam, Sikhism and Zoroastria­nism — said triple talaq was “not integral to religious practice and violates constituti­onal morality.”

They said it was “manifestly arbitrary” to allow a man to “break down (a) marriage whimsicall­y and capricious­ly.”

“What is sinful under religion cannot be valid under law,” said the judges.

Bano, who suffered a nervous breakdown after her divorce, said it was a “historic occasion” for Muslim women.

“I appeal to the people to not politicize this issue and accept Supreme Court’s verdict on triple talaq,” she told reporters outside the court.

“I have felt the pain when family breaks. I hope no one has to go through this situation in future.”

India, which is officially secular, is one of the few nations that legally permitted the practice, which is banned in neighborin­g Bangladesh.

India allows religious institutio­ns to govern matters of marriage, divorce and property inheritanc­e in the multi-faith nation, enshrining triple talaq as a legal avenue for its 180 million Muslims to end unions.

But the Hindu nationalis­t government of Prime Minister Narendra Modi had backed the petitioner­s in this landmark case, declaring triple talaq unconstitu­tional and discrimina­tory against women.

Modi’s ruling Bharatiya Janata Party has long pushed for a uniform civil code, governing Indians of all religions, to be enforced.

 ??  ?? Indian Muslim women at a rally to oppose the proposed Uniform Civil Code, in this file photo. (AFP)
Indian Muslim women at a rally to oppose the proposed Uniform Civil Code, in this file photo. (AFP)

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