Published: Wed, August 23, 2017
Hi-Tech | By Joan Schultz

Indian court rules against instant divorce for Muslims

Indian court rules against instant divorce for Muslims

Muslim women celebrating Supreme Court's verdict on triple talaq.

The constitutional bench that delivered its verdict on triple talaq today comprised of five judges from different communities - Chief Justice JS Khehar (Sikh), Justice Kurian Joseph (Christian), Justice RF Nariman (Parsi), Justice UU Lalit (Hindu) and Justice Abdul Nazeer (Muslim).

The apex court also said if the government fails to bring in law in the next six months, the court's injunction will continue. In her petition, Shayara Bano argued that "the Muslim husband's right to ask for divorce by uttering talaq three times in a row is completely unilateral, unguided, absolute and has no rationale".

According to a report published in the Hindustan Times, the Supreme Court struck down on Tuesday the controversial Islamic divorce practice of instant triple talaq, saying it was arbitrary and against the tenets of Islam. He added that triple talaq is not recognised by Koran and hence it couldn't be a practice to be protected under the right to religion.

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"We hope the legislature will consider and take into account Muslim Personal Law while making legislation".

Tuesday's ruling could spur Modi's party to push again for its long-held desire for a uniform civil code, which would end the application of religious laws to civil issues.

NFIW is disappointed to the fact that the Hon'ble SC has not said anything about the Muslim women's right to divorce which is very hard and a very long drawn process. "It is violative of Article 14, the right to equality", they said.

Muslims are governed by the personal law that came into force in 1937.

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"I pay respects to those women who had to lead miserable lives due to triple talaq and then started a movement which created an environment in the whole nation against the practice", Modi said.

"The Supreme Court verdict can not be misused by the government to try to interfere with personal laws through legislation", the board said in a statement.

The central government, which sided with the Muslim women petitioners, was represented by former attorney general Mukul Rohatgi and additional solicitor general Tushar Mehta.

Asked if the triple talaq should now be considered unconstitutional, Anand said: "Yes, by the 3:2 majority of the judgement, it is". Even the Hanafi law says triple talaq is sinful.

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