Our Correspondent
It’s a three-two judgement means three judges have abolished instant triple talaq or talaq e biddat. Two judges have held that triple talaq is part of Personal Law and SC cannot abolish it. Therefore Govt should enact law. But this judgement becomes irrelevant because it is a minority judgement.
Supreme Court declared that the practice of divorce through triple talaq among Muslims as unconstitutional, illegal and void. In a 3:2 majority judgment, the apex court held that triple talaq is against the basic tenets of Quran and hence unacceptable.
As per majority judgement, instant triple talaq or talaq e biddat is illegal. It is against Islam. It is not part of Islam.
Therefore the question is how will divorce among Muslims take place now. The answer is talaq among Muslims in India will now take place in other two forms of Talaq. these are — talaq e ahsan and talaq e hasna.
Talaq-e-Biddat — saying triple Talaq in declared Illegal
Talaq-e-Ahsan — aaj talaq bola aur teen mahine tak wait kiya. Is dauran agar sulah ho jaye to talaq nahi hogi. Agar sulah nahi hua to teen mahine ke baad talaq operational ho jayega. This is valid now.
Talaq-e-hasna — menstural cycle ke baad talaq bola. Phir next menstural cycle ke baad talaq bola. Phir next menstural cycle ke baad talaq bola. Is tarah teen baar continuity me teen baar teen mahine me talaq bola to talaq operational ho jayega. This is legal and valid now
The SC judgement satisfies all sides.
Govt stand was that all forms of triple talaq must go and govt will bring law. But SC has at least accepted their one demand that instant triple talaq is gone. Same goes with victims and women organization AIMPLB stand was that instant triple is sinful but accepted and valid.
It however had modified it’s stand and said that instant triple can be done away with. It said that it will add a clause in Nikahnama that instant triple talaq will not be practiced. Therefore AIMPLB stand is vindicated as well. So win win situation for all.
The SC asked the govt to come out with legislation on triple talaq and hoped that the Centre’s legislation will take into account concerns of Muslim bodies and Sharia law.
SC also asked political parties to keep their differences aside and help Centre in bringing out law on triple talaq. “If law doesn’t come in force in six months, then SC’s injunction on triple talaq will continue,” the SC said.
A direction has been set towards stopping it, says one of the petitioners, Farah Faiz, on SC verdict. The women, who had filed the petitions, have challenged the practice in which the husband pronounces ‘talaq’ thrice in one go, sometimes even by phone or a text message, to get a divorce.