Court bans instant divorce
TRIPLE TALAQ STRUCK DOWN BY 3:2 VERDICT OF CONSTITUTIONAL BENCH, WHICH TERMED PRACTICE VOID, ILLEGAL AND UNCONSTITUTIONAL
In a landmark judgement yesterday, the Indian Supreme Court, by a 3-2 decision, struck down the centuries-old practice of instant divorce referred to as ‘Triple Talaq’ among Muslims as unconstitutional, manifestly arbitrary and void in law. Zeenat Ali Siddiqui, a ‘Triple Talaq’ victim, speaks with media outside the court in New Delhi after the verdict.
In a far-reaching order empowering millions of Muslim women, India’s Supreme Court (SC) yesterday struck down triple talaq or instant divorce, by a 3:2 verdict of the constitutional bench, stating that the practice was void, illegal and unconstitutional.
The practice allowed men to leave their wives instantly by saying the word “talaq” [divorce] three times.
Triple talaq came under scrutiny with reports emerging of men divorcing their wives via letters, Skype and WhatsApp messages.
After six days of continuous hearing, Justice Kurian Joseph, Justice Rohinton Fali Nariman and Justice UU Lalit were of the view that triple talaq was not essential to Islam and therefore needed to be banned.
“There are four sources of Islamic law. Only the Quran is the first source of law. Therefore, sources other than the Quran are supplement to what is in it. There can be nothing more than what is written in the Quran. Triple talaq is against the tenets of Quran and therefore violates Sharia,” Justice Joseph said in the verdict.
The SC Bench, comprising five judges of different faiths, deliberated for three months before issuing its order. The judges, including Chief Justice JS Khehar, are from major faiths in India — Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.
Justice Joseph said freedom of religion was absolute but what was bad in theology was also bad in law. “Triple talaq is not integral to religious practice and violates constitutional morality. What is bad in Quran can’t be good in Sharia. What is sinful under religion cannot be valid under law,” he stated.
The Constitution Bench, which heard petitions filed by five Muslim women challenging the 1,400-year-old practice, directed the Parliament to enact a law banning it within a time period of six months.
Yesterday, the top court categorically said the practice of triple talaq was against Article 14 of the Constitution, which guarantees the right to equality.
“Triple talaq may be a permissible cultural practice but it is retrograde and unworthy. Since triple talaq is instant and irrevocable, the marital tie gets broken which violates the right to equality,” the Bench asserted.
Chief Justice Khehar and Justice Abdul Nazeer differed and said while triple talaq “may be sinful”, the court cannot interfere in personal laws, which have the status of fundamental right under the Constitution. They were of the view that Parliament should bring a law to end the practice.
Muslims are governed by the personal law that came into force in 1937.
Reacting to the verdict, PM Narendra Modi said “the judgment of the Honourable Supreme Court on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment.”
Bharatiya Janata Party (BJP) president Amit Shah hailed the verdict on triple talaq. “The decision will help crores of women in the country to live respectfully. It is the beginning of a new epoch for women to live with self-respect,” Shah told Gulf News.
Welcoming the verdict, veteran Congress leader Randeep Surjewala said it was a resounding affirmation of gender justice. “Triple talaq is against Islam,” Surjewala said.
Noted jurist Soli Sorabjee also welcomed the verdict, holding the practice as unconstitutional. “It is a progressive judgement which has protected the rights of the women and now no Muslim man can divorce his wife through this method,” Sorabjee said.
The Uttar Pradesh (UP) state government said the judgement was a “milestone” for women empowerment. Terming the court’s decision as a “welcome step”, UP Chief Minister Yogi Aditynath said, “this is a start of justice for women. Soon further action will be taken in this regard. You cannot deprive anyone from justice for long,” he said.
Shiv Sena leader Sanjay Raut appealed to Muslim leaders to welcome the verdict. “This decision will help the country as a whole. We appeal to all Muslim leaders to welcome this decision and use this verdict to lay the foundation of a secure future for Muslim women so that the whole community benefits,” Raut told media.