India's Supreme Court strikes down instant triple talaq

IANS
Tuesday, August 22, 2017

In a landmark judgment, the Supreme Court on Tuesday by a 3-2 decision struck down the centuries-old practice of instant triple talaq among Indian Muslims as unconstitutional, manifestly arbitrary and void in law.

However, the minority judgment concluded that "talaq-e-biddat" was a matter of personal law of Muslims that does not breach the Constitution's Article 25 (right to practice one's religion).

Chief Justice J.S. Khehar and Justice S. Abdul Nazeer constituting the minority in the five-bench Constitutional bench ordered an injunction on triple talaq at least for six months -- by when the government should consider steps to initiate legislation on the issue.

The other three judges disagreed.

"In view of the different opinions recorded, by a majority of 3:2 the practice of talaq-e-biddat - triple talaq - is set aside," the bench comprising Justices Khehar, Kurian Joseph, Rohinton F. Nariman, U.U. Lalit and Abdul Nazeer said in the concluding para of the 395-page ruling.

The apex court gave its judgment on a petition filed by Muslim woman Shayara Bano, joined by a Muslim group and four other women.

Justice Nariman and Justice Lalit, who were part of the majority judgment, said: "Given that triple talaq is instant and irrevocable, it is obvious that any attempt at reconciliation between the husband and wife by two arbiters from their families, which is essential to save the marital tie, cannot ever take place.

"...This being the case, it is clear that this form of talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it.

"This form of talaq must, therefore, be held to be violative of the fundamental right contained under Article 14 of the Constitution," they said, adding the 1937 Shariah Act must be struck down.

In a concurring but separate judgment, Justice Joseph said: "What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well."

He said he found it extremely difficult to agree with the Chief Justice that triple talaq has to be considered integral to the religious denomination and it was part of their personal law.

He said merely because a practice has continued for long, that by itself cannot make it valid if it has been expressly declared to be impermissible.

He said when issues of such nature come to the forefront, the discourse often takes the form of pitting religion against other constitutional rights.

In his minority judgment, Justice Khehar said it would not be appropriate for the court to record a finding whether talaq-e-biddat was or was not affirmed by Hadiths (Prophet's sayings) in view of the enormous contradictions in the Hadiths relied upon by rival parties.

"Talaq-e-biddat is integral to the religious denomination of Sunnis belonging to the Hanafi school. The same is a part of their faith, having been followed for more than 1,400 years, and as such, has to be accepted as being constituent of their 'personal law'."

"The ... practice cannot therefore be set aside ... through judicial intervention."

The minority judgment observed that there was seemingly an overwhelming majority of Muslim women demanding that triple talaq, "which is sinful in theology, be declared as impermissible in law".

The judges noted that during the hearing, learned counsel appearing for the rival parties described the practice as unpleasant, distasteful and unsavoury. Others called it disgusting, loathsome and obnoxious.

The minority judgment said religion was a matter of faith and not of logic and it was not open to a court to accept an egalitarian approach over a traditional practice.

They said it was not for a court to determine whether religious practices were prudent or progressive or regressive.

The judges said the stance adopted by the Union Government supports the petitioners' cause and observed: "Unfortunately, the union seeks at our hand, what truly falls in its own."


Express your comment on this article

 
Abdur Rahman
Posted on Sunday, August 27, 2017

@Tabrez my dear why praise Modi govt for this its Supreme court order .

Varshneyh
Posted on Friday, August 25, 2017

hey reply timepass:
Read carefully, where was the iik news when these 65 child died.

murtaza
Posted on Friday, August 25, 2017

After triple talaq ban..India became superpower...Indians r always diverted from main issue..this mandir,talaq, beef,cow issues r nothing..China is preparing to take doklam as they knows we r very weak ..BJP govt is puppet in the hand of RSS and Yogi's..all this havoc is created by godi media to divert attention

Reply Varshneyh & Every Female think
Posted on Thursday, August 24, 2017

Every female think @ Gentlemen first respect & love yourself -then only you will treat and respect your wife and your sibilings.. Today you have many talak then remember you have daughters if she goes thru her husband talak how would you feel in your old age you cannot do anything and spoiled your family. What you think only Men can do talak leave the existing one and get crazy marrying another women soon - Enough is enough There will be no women will be supressed under the thumb of a man and then run cover themselves and run to the kitchen and sit there. .Those days are gone and got bullyied .
Today all women are educated and can even stand on their own feet and feed themselves very well and even you men .
Hello Varshneyh - There is no joke small children died of no oxygen -- It was deliberately done by these corrupt politican who want vote..and innocent children and poor farmers villages they target..
Let these politican who every it is have the guts to stop the oxygen pipe in any of the Metropolitian cities in India .... They know the consequenses... It is not a Time pass but a logical feeling positive thinking ---- SC Triple talak issue and these children dying is 2 different issue ---- SC as solved triple talak but it is on the way to solve this children how they died and will come in limelight soon... Please understand ??

Indian
Posted on Thursday, August 24, 2017

As we can write any name here as our name. Keeps a doubt about name: Abu Baqar Rumani, no one will write "Baqar" it is Bakar or Backer and there is no "Rumani" name in India.
Some Sangi wants to say some dirty slogan towards others like " pack your bag and leave India" so and so... Accordingly, they wrote themselves 1st like: "This verdict has no value. I will follow my mulla and ulema for divorce, not the Hindu judge" to get a platform for barking.


Every Female should THINK
Posted on Wednesday, August 23, 2017

@ Every Male should THINK, If thats the case then lets make it equal for everyone. Even women should not be allowed to divorce or stay away from their husbands to start living with other men. This topic is not related to what you are stating. No one here is against women, everyone is discussing on the SC verdict on instant triple talaq and not anything else,So please keep your valuable thoughts to yourself.

Varshneyh
Posted on Wednesday, August 23, 2017

IIK; I don't know who are you and where are you? what is the purpose to post this news and what was the purpose to do not post 65 child are died because of non-payment of oxygen in the India UP hospital. Really we Indians are so much time pass and don't do logically.

Tabrez
Posted on Wednesday, August 23, 2017

I would like to pen few thoughts for the overall benefits and avoid any form of politicizing the situation.
Point 1 : The current system of Instant Tripple Talaq is not
prescribed in Quran nor was the way of life of prophet (phub) nor his companion. Hence i would appreciate Modi Govt to do the
honor of helping eradicate a wrong practice by Muslims in
India. This practice is only followed in Asian countries.
Point 2 : Though few Muslim might argue to support their mulla friends and exploit Islam, i request rest of the members to maintain sanity in discussion and stop referring all the discussion to sending people to pakistan/afganistan etc.
Note : Both Muslims and Hindus have fought together to get freedom to India, hence both have equal right to voice their thoughts and discuss. Constitution of India have give equal rights to all to speak and express. Lets respect atleast our constitution if not each other.

Every Male should THINK
Posted on Wednesday, August 23, 2017

Although God created MAN - Adam first he still never had peace of mind .Everything he created in his earth he found beautiful and peace in his mind .Finally he knew MAN he created was a big headache and Man would never be satisfied and out of his rib he created a woman for him Eve. as his 1 life time companion partner
Women are beautiful - they are like a flower in the house -- They cook food ,clean the house and give you siblings for they bore carry for 9 months pain in their womb. and Plus in today 20 century they even work and contribute their salary to the house.
In every marriage life there are UPS and DOWN - because of material world things of basic necessity needs food , clothing and shelter is very expensive.
I would further wish to appeal to the SC to completely stop this madness of TALAK wheather it 3 times of 100 times ... Saying Talak with you wife already having children and then settling with another women and then again Talak second women and goes on on .. This is not Family oriented and In this the half bother , half sister half mother and what not goes Haywire and no meaning to make a secured Family Tree of life..
This abolish of completely Talak and in Hindus also should be completely stopped .... and stop taking the Women for granted -- I feel Women they can do much More then the Male dominating unnecessary who think they are supreme in universe creation '''' which is wrong for Male to think and go about ''''

AKG
Posted on Wednesday, August 23, 2017

India is the 20th country to ban triple talaq
1 Turkey 1926
2 Cyprus 1926
3 Egypt 1929
4 Sudan 1935
5 Sri Lanka 1951
6 Syria 1953
7 Tunisia 1956
8 Morocco 1957
9 Iraq 1959
10 Pakistan 1961
11 Iran 1967
12 Malesia 1969
13 Bangladesh 1971
14 Indonesia 1974
15 Jordan 1977
16 Algeria 1984
17 Brunei 1999
18 UAE 2005
19 Qatar 2006
20 India 2017

Rani
Posted on Tuesday, August 22, 2017

Why are we Indians so much timepass ?

Azeem
Posted on Tuesday, August 22, 2017

Abu Baqar Rumani (Definitely his name changed to muslim) deliberately started a hate comment to provoke people to react. Muslims do not follow any mulla FYI.
As far as the verdict is concerned it aligns perfectly with Islam. Muslims shouldn't react to this verdict unnecessarily. Just read comment by Indian. I'm reposting it here to make it easy.
Indian: I think there is a confusion here. Probably most people are not educated on the subject. Triple Talaq at once i.e immediately at same time is first of all not according to Islamic Sharia. Secondly someone commented on Congress govt etc. Please dont make this issue political, we all know what a soup our country is in after BJP has come to rule India. Talaq or divorce according to Islam, there is certain procedure and steps which includes reconcilialtion, counselling etc and is not instant. There is a period once divorce or takaq is pronounced. During this period, both husband and wife are councelled and efforts take place to unite them together. If they come together once again then the first talaq becomes null and void. If unfortunately the second talaq takes place once that period is over, then again there is a period like first talaq in which case once again there are efforts to unite both. After this period, if the councelling or unity efforts are successful, then both talaqs become null. and so on....Also as nikaah or marriage is very dear to Allah and one earns good tidings from Allah, divorce or talaq is considered bad and one earns bad tidings from Allah. Hope people understand first the subject from authentic sources rather than just talk in irresponsible manner.

ZAK
Posted on Tuesday, August 22, 2017

As expected, cheap politics started on this issue. Most of the people who are not aware of many things take this platform to share there views. We are living in 21st Century and in a modern society and I believe that one should respect others if they are really HUMAN first, instead of keep targeting others on different issues. Some of them are enjoying the benefits by living here without any hurdles and still their mindset keep them out of this world. I sincerely advised to all give RESPECT and take RESPECT and don't interfere in other matters without knowing the facts. Thanks! Let's start criticizing me..

Indian
Posted on Tuesday, August 22, 2017

I think there is a confusion here. Probably most people are not educated on the subject. Triple Talaq at once i.e immediately at same time is first of all not according to Islamic Sharia. Secondly someone commented on Congress govt etc. Please dont make this issue political, we all know what a soup our country is in after BJP has come to rule India. Talaq or divorce according to Islam, there is certain procedure and steps which includes reconcilialtion, counselling etc and is not instant. There is a period once divorce or takaq is pronounced. During this period, both husband and wife are councelled and efforts take place to unite them together. If they come together once again then the first talaq becomes null and void. If unfortunately the second talaq takes place once that period is over, then again there is a period like first talaq in which case once again there are efforts to unite both. After this period, if the councelling or unity efforts are successful, then both talaqs become null. and so on....Also as nikaah or marriage is very dear to Allah and one earns good tidings from Allah, divorce or talaq is considered bad and one earns bad tidings from Allah. Hope people understand first the subject from authentic sources rather than just talk in irresponsible manner.

ABC
Posted on Tuesday, August 22, 2017

HAHAHAHAHAHAHA...

ZAK
Posted on Tuesday, August 22, 2017

Abu Baqar...than you should also stay in the caves and desert tents as the mulla's and ulema stayed since 1400 years.. don't drive cars or use any electronics cause those were not invented by mulla's and ulemas...just sit in the mosque and listen to your mulla's and ulemas. pity the women who are within your jurisdiction..

Zak
Posted on Tuesday, August 22, 2017

@Abu. Then you and your mulla will face the law trial and jail. I recommend that the triple talaq should be maintained as it is islamic tradition but it must be in a court after hearings just like they have divorce proceedings for other communities. In one word, the talaq must be done in a just manner and not based on either party's emotions.

Sri
Posted on Tuesday, August 22, 2017

@Abu Baqar Rumani.. if you do not follow the honorable Supreme Court of India, You pack your bags and leave My India.

Hary Paul
Posted on Tuesday, August 22, 2017

Remember that Triple Talaq is not valid in Bangladesh and Pakistan, two of our neighboring Islamic countries.
Why should it be allowed in India? It was all due to previous Congress govt. to appease the minorities for political gain.
God bless India and Jai Hind.

AAA
Posted on Tuesday, August 22, 2017

Please change the title to "instant" triple talaq, not any triple talaq. Its absurd manner of reporting.

Ajeet Joshi
Posted on Tuesday, August 22, 2017

@Abu Baqar: If you do not believe in Supreme court go to TAlibani place.

Indian Brother
Posted on Tuesday, August 22, 2017

It is truly a historic decision by SC. Judges from 5 different religions have debated and passed the landmark verdict on majority vote, reflecting India's secular values.

CJI Khehar (Sikh)
Nazeer (Muslim)
Kurian (Christian)
Nariman (Parsi)
Lalit (Hindu)

I wish all the Muslim Sisters best of luck on this verdict.

Long Live India.

XYZ
Posted on Tuesday, August 22, 2017

@Abu Baqar Rumani, If you do so in India from now, then you will be in Jail. You can also be charged for the contempt of Supreme Court verdict. So don't say whatever comes to your mouth.

Abu Baqar Rumani
Posted on Tuesday, August 22, 2017

This verdict has no value. I will follow my mulla and ulema for divorce not the hindu judge.

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