Supreme Court says Triple Talaq is Unconstitutional

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By admin April 24, 2019 16:01

SC has declared the practice of triple talaq as unconstitutional, illegal and void and not protected by Article 25 (Freedom of Religion) of the Constitution.

Before this Judgement:

  • In Shayara Bano v. Union of India the constitutional validity of certain practices of Muslim personal law such as triple talaq, polygamy, and nikah-Shalala had been challenged.
  • However, the SC verdict in this case, on the question of the amount of the maintenance to be provided to the divorced Muslim women, was overturned by the parliament through the enactment of the Muslim women (protection of rights on divorce ) Act 1986.
  • In Shamim Ara vs State of UP judgment of 2002 and subsequent orders from various High Courts triple talaq was rendered legally invalid but this has not stopped the practice; many Muslim women were unaware of the judgments.

 

Three forms of talaq:

  • Well, there are three forms of talaq Ahsan, Hasan and also Talaq-e-Biddat (triple or instant talaq). The Ahsan and Hasan are revocable.
  • Biddat — pronouncing divorces in one go by the husband — is irrevocable. In fact, Biddat is considered as ‘sinful’ but the permissible in only Islamic law.
  • Furthermore, all the India Muslim Personal Law Board (AIMPLB) holds that for the Hanafis, who make more than approx. 90% Sunnis in our India, triple talaq is a matter of faith followed for approx. 1,400 years.

 

Basis of Judgement:

Well, since the Shariat Act had recognized triple talaq, it was no longer a personal law to remain free of the fetters of the fundamental rights rigor but a statutory law which comes under the ambit of Article 13(1) of the Constitution.

  • The talaq is arbitrary and also the whimsical mode of ending marriage violated Muslim women’s fundamental right to equality.
  • Talaq should be erased from the 1,400-year-old Sharia-dictated divorce manual.
  • In fact, even the theocratic Islamic States had corrected their Shariat to the banish instant talaq.
  • Supreme Court ordered the government to frame a ruling to address the issue of Muslim women under the yoke of triple talaq.
  • Moreover, the verdict compared triple talaq to the social evils like Sati, infanticide, and devadasi system, which were cast out by way of legislation and not by judicial orders.

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admin
By admin April 24, 2019 16:01