Published: Wed, August 23, 2017
Tech | By Constance Martin

SC: Triple Talaq is Unconstitional

SC: Triple Talaq is Unconstitional

Muslim men in India can still divorce using two other forms of talaq that have a three-month cooling off period.

A panel of Supreme Court judges said that the practice, known as "triple talaq", "is not integral to religious practice and violates constitutional morality", reported the NDTV.

The petitioners had claimed that the practice of "Triple Talaq" is unconstitutional.

The bench had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalence of triple talaq. It is a big victory for the Muslim women in the country.

The five supreme court judges were from India's major faiths - Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.

"Triple talaq will not be in operation for six months". He said that court's verdict will go a long way in ensuring dignity for Muslim women and is a historic step for further empowering women. Instant talaq, or "talaq-e-biddat", is banned in 22 Muslim-majority countries, including Pakistan, for being sinful and arbitrary.

Earlier, the Centre had told the bench that it would come out with a law regulating marriage and divorce among Muslims if the SC declared "triple talaq" as invalid and unconstitutional.

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Some fear that the Hindu majority is trying to counter Islamic influence in society.

The Rajya Sabha member said Prime Minister Narendra Modi in one of his speeches referred to triple talaq, but "did not utter a single word on women's reservation bill".

Justice Kurien Joseph, said the practice was not an essential part of Islam and enjoyed no protection. This case came after the decades ago a case of Shah Bano in 1985.

Mr Modi hailed the judgment as "historic" on Twitter. "It grants equality to Muslim women and is a powerful measure for women empowerment", Modi said.

"The Supreme Court has a right to interfere in the personal space and they have done so", Maneka Gandhi, Minister for Women and Child Development, said. A bench comprising of five judges headed by the Chief Justice J S Khehar and it includes judges from different communities has banned Triple Talaq for six months. Muslims enjoy a separate special status in India, a secular state, when it comes to matters like marriage, property inheritance and family laws.

This means three judges voted in favour of striking down triple talaq and declaring it "unconstitutional".

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