Top Indian court bans Islamic instant divorce
INDIA’S top court yesterday banned a controversial Islamic practice that allows men to divorce their wives instantly, ending a long tradition that many Muslim women have 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 not to politicise this issue and to accept the 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.”
Maneka Gandhi, India’s minister for women and children, said the ruling was a “giant step for women”.
“Divorce is a very, very important part of a woman’s life,” she said in an interview with the News18 television channel. “This makes her as equal as she is entitled to be under the constitution.”
The All India Muslim Personal Law Board, a grouping of Islamic organisations, had opposed any efforts to ban triple talaq.
The board said the practice was “reprehensible” but should not be a matter for the courts.
Some Islamic scholars say there is no mention of instant divorce in the Koran, which instead details a different process based on mediation. — AFP