SC ruling on Triple Talaq historic, grants equality to Muslim women: Priya

Aaron Brown
August 23, 2017

We welcome the acceptance of this reality by Court, "Mr Surjewala said.The Supreme Court today struck down instant triple talaq or talaq-biddat".

The women's wing of the AIMPLB termed as "contradictory" and "fractured" the judgement of the Supreme Court on triple talaq.

The petitioners who approached the Supreme Court for the case are Shayara Bano, Ishrat Jahan, Gulshan Parween, Aafreen Rehman, and Atiya Sabri, along with the Bharatiya Muslim Mahila Andolan (BMMA). The bench, which had judges from five faiths, passed this in a 3-2 verdict in which Chief Justice of India JS Khehar was in minority.

The judges also gave reference to many Islamic countries including Pakistan where triple talaq has no existence.

India allows religious institutions to govern matters of personal law - marriage, divorce and property inheritance - through civil codes created to protect the independence of religious communities. While the two judges also concurred with the others on the unconstitutionality of the practice, they were for a six-month injunction, a period in which Parliament should start its process of enacting a law.

The opposition Congress called it "a progressive, secular judgment for equal rights of Muslim women in India".

India is known to be home to 172 Muslims, making at least 14 percent of the world's Muslim population.

"The decision where triple talaq is administered in one sitting is different from the decision in law which by majority says that personal laws can't be tested on the anvil of Part III of Constitution".

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"What is bad in theology is bad in law as well", said justice Kurian Joseph who was part of the majority view.

Women activists have always been opposing the practice describing it "discriminatory" and "injustice".

Modi hailed the judgment as "historic". "This is the victory of basic Constitutional rights of Muslim women and their right to live with equality", Shah said in a statement.

Tuesday's ruling could spur Mr Modi's party to push again for its long-held desire for a uniform civil code, which would end the application of religious laws to civil issues.

The government had said that every personal law should be in accordance with the constitution and the rights of marriage, divorce, property and succession should be kept in the same category and they should be in line with the Constitution.

Some Muslim institutions have said that while triple talaq is wrong, the law should be reviewed by the community itself.

Three of the five judges hearing a case questioning the legality of the law ruled it was unconstitutional, effectively ending its legal practice. This practice is being followed in some Muslim communities around the globe and is raising voice for its existence.

Other reports by Free-Prsite

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