The Supreme Court today, declaring a historic decision, said that triple talaq is ‘unacceptable’, ‘illegal’ and ‘unconstitutional’. In the verdict opinion of 3:2 of the apex court said, triple talaq is against the fundamental principle of the Quran. Prime Minister Narendra Modi said that Supreme Court judgement to ban the practice of triple talaq is historic, it will grant equality to muslim women.
The Constitutional Bench of five judges said in their 395-page order, “Due to the various votes recorded through the majority of 3:2, -Talaq-e-Biddat and triple talaq will be treated as unconstitutional.” Chief Justice While JS Kher and Justice S. Abdul Nazir were in favor of asking for the government to come out with a new law in this regard for six months on the practice of divorce, Justice Kurian Joseph, Justice R. F. Nariman and Justice UU Lalit said that this practice violates Constitution.
In the majority verdict, it was said that every practice including three divorces is unacceptable, which is against the fundamental principle of the Quran.
Three judges also said that the practice of divorcing through three divorces is obviously voluntary. It is a violation of the Constitution and it should be removed.
A minority verdict of Chief Justice Kher and Justice Nazir talked about a six-month ban on the practice of divorce. Simultaneously, political parties were asked to help the Center to bring a law bypassing their differences.
Judges of the minority judgment said that if the center does not come under the law within six months, then its order on three divorces will continue.
Chief Justice and Justice Nazir in his minority judgment expressed the hope that the law of the Center will keep in mind the concerns related to Muslim organizations and Shariah law.
The judges present in the bench were from different religions. Among them were the Sikhs, Christian, Parsi, Hindu and Muslim religions. The bench reviewed seven petitions, in which five separate petitions were challenged by Muslim women challenging the practice of ‘Triple Talaq’ in the community.
The petitioners had claimed that the practice of ‘Triple Talaq’ is unconstitutional.
Muslim women who filed petitions challenged the practice of ‘Triple Talaq’, under which the husband speaks ‘divorced’ three times at a time to divorce. Many times he divorces himself on the phone or in a mobile message.
During the hearing, the apex court had said that the practice of ‘three divorces’ is ‘worst’ and it is not “the desired method” to break the marriage between Muslims. There are some parties, however, who call it ‘legal’.
Earlier, the Center had told the bench that if the ‘Triple Talaq’ is declared invalid and unconstitutional by the apex court, then it will bring a law to regulate marriage and divorces among Muslims.
In the Muslim community, the government had described the triple talaq in three parts Talaq-e-Bidhat, Talaq Hasan and Talaq e-Hasan as ‘one-sided’ and ‘non-negotiable’.
The government had said that every personal law should be in accordance with the constitution and the rights of marriage, divorce, property and succession should be kept in the same category and they should be in line with the Constitution.
The Center had said that “Triple Talaq” is neither the fundamental part of Islam nor is it the issue of ‘majority versus minority’. This is an “inter-communal conflict” between Muslim men and deprived women.
In the petition, ‘Nikah Halala’ and polygamy ‘Muslim marriage’ were also challenged.
The bench itself raised the main issue. It was written on the petition, “The quest for equality of Muslim women”.
The apex court automatically took the question of whether the Muslim women have to face gender discrimination in the event of divorce or other weddings of their husbands?