Supreme court with five benches judge has abandoned the practice of instant divorce by calling Talaq three times, in Islam this way of divorce is unconstitutional, thus relief to Indian Muslim women marking a major victory for women’s rights activists.
The apex court gave a 3-2 majority verdict India’s Supreme Court also stayed the practice.
India is countries with 20 Cr Muslim population, in men dominated society where a Muslim man can divorce his wife in minutes by saying the word talaq (divorce) three times.
This historical court decision came after it considered petitions challenging the so-called “triple talaq” custom. Debate on instant divorce cached heated aruguments between the conservatives and liberal Muslim family. Thus cases were filed by five Muslim women who had been divorced this way and two rights groups.
Three of the judges called the controversial practice “unIslamic, arbitrary and unconstitutional”. The court has also asked parliament to legislate on the issue.
The Supreme Court bars instant triple talaq and asks Parliament to bring in a legislation on it. Instant triple talaq has so far been legal for Muslims according to the Constitution, but several Muslim women who have been divorced because of it, including on Skype and on WhatsApp, have appealed to the top court to end the practice.
The court said that instant triple talaq is injuncted or barred for a period of six months
What is bad in Quran can’t be good in Shariat: Justice Kurian Joseph : Justice Kurien Joseph, one of the five judges in the bench hearing the petitions: 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. Therefore, there can be nothing more than what is written in the Quran. Quran attributes permanence to matrimony. Triple talaq against tenets of Quran, therefore, violates Shariat. As held in shamimara, talaq must be after having tried to resolve issues. What is bad in theology is bad in law. What is bad in Quran can’t be good in Shariat. — News18.