AMN / NEW DELHI
Supreme Court today set aside the practice of divorce through Triple Talaq among Muslims, terming it 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.
The three judges also said the triple talaq is manifestly arbitrary and violative of the Constitution and must be struck down.
While Justices Kurian Joseph, RF Nariman and UU Lalit held triple talaq as violative of the Constitution, Chief Justice JS Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice and asking the government to come out with a law.
The bench comprised judges from different religious communities — Sikh, Christian, Parsi, Hindu and Muslim. It had heard seven petitions, including five separate petitions filed by Muslim women challenging the prevalent practice of ‘triple talaq’ among Muslims.
The Muslim women, who had filed the petitions, had challenged the practice of ‘triple talaq’ in which the husband pronounces ‘talaq’ thrice in one go, sometimes even by phone or a text message, to get divorce.
The bench had taken up the main matter on its own as a petition titled “Muslim women’s quest for equality”. The apex court had on its own taken cognizance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands.
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.
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.
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