India’s top court bans instant divorce
new delhi — India’s top court on Tuesday banned a 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.
A panel of five male 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”. —
new delhi — The Supreme Court by a majority verdict on Tuesday set aside the practice of divorce through instant triple talaq among Muslims, saying the practice was void, illegal and unconstitutional.
The apex court held that the triple talaq was against the basic tenets of the Holy Quran. “In view of the different opinions recorded by a majority of 3:2, the practice of ‘talaq-e-bidat’ – triple talaq is set aside,” a five-judge constitution bench said in a 395-page order.
While Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq and asking the government to come out with a law in this regard, Justices Kurian Joseph, R F Nariman and U U Lalit held it as violative of the constitution.
The majority verdict said any practice including triple talaq which is against the tenets of the Holy Quran is unacceptable. The three judges also said the practice of divorce through triple talaq is manifestly arbitrary and violative of the constitution and must be struck down.
The minority verdict by CJI Khehar and Justice Nazeer, which favoured keeping on hold the practice of triple talaq for six months, asked the political parties to set aside their differences and help the Centre in coming out with a legislation. The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.
CJI Khehar and Justice Nazeer in their minority verdict expressed hope that the Centre’s legislation will take into account the concerns of Muslim bodies and the Shariah law.
The bench, made up of judges from different religious communities — Sikh, Christian, Parsi, Hindu and Muslim, had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of ‘triple talaq’ in the community.
The petitioners had claimed that the practice of ‘triple talaq’ was unconstitutional. The Muslim women, who had filed the petitions, had challenged the practice of ‘triple talaq’ in which the husband pronounces ‘talaq’ thrice in one go, sometimes even by phone or a text message, to get divorce.
During the hearing, the apex court had observed that the practice of instant ‘triple talaq’ was “not a desirable” form of dissolution of marriage among Muslims, even though there were schools of thought which called it “legal”.
The Centre had earlier told the bench that it will come out with a law to regulate marriage and divorce among Muslims if ‘triple talaq’ is held invalid and unconstitutional by the apex court. — PTI