AMN
Terming the instant Triple Talaq as ‘not part of Islamic faith’, the Supreme Court today declared that such a Talaq being practised by the Muslim community as “unconstitutional”, “arbitrary”.
This 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.
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.
Saying that Holy Quran attributed “sanctity and permanence to matrimony” and only in “unavoidable situations” permits Talaq but not before attempts for reconciliation are made, Justice Kurian Joseph said, “In triple Talaq, this door is closed, hence, triple Talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat.”
CLICK HERE FOR SUPREME COURT’S FULL JUDGEMENT ON INSTANT TRIPLE TALAQ