Triple talaq banned: Muslim cleric Barkati praises 'unique' decision
23 August 2017, 12:27 | Isaac Mcdaniel
Unconstitutional, unconstitutional, unconstitutional : SC strikes down Triple Talaq by 3:2 majority
While the government, women rights activists and political parties appreciated the apex court's constitutional bench order banning instant divorce by a 3:2 verdict as unconstitutional, the AIMPLB said the court's order also underlined that a community's personal laws can not be interfered with. But, Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq violated the fundamental right of Muslim women as they are subjected to arbitrary irrevocable divorce through this practice.
Earlier in the day, the Supreme Court struck down the Triple Talaq practice as 'unconstitutional, ' by a 3:2 majority. This view was shared by senior advocate Mukul Rohatgi, who had advanced the stand of the Narendra Modi government in the apex court, and senior advocate Soli Sorabjee.
Speaking to ANI, Khan said, "I'm glad over Supreme Court's verdict on triple talaq".
During the hearing, the Centre had assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.
The SC, which began hearing petitions challenging the practice on May 11, had reserved its verdict on May 18.
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India does not have a homogeneous set of laws on marriage and divorce that apply to everyone and while most Islamic countries, including Pakistan and Bangladesh, have banned triple talaq it has persisted in among Indian Muslims. There has been general discontent among Muslim women who saw this practice as lopsided and unfair but outrage flared when instances of men divorcing their wives over the telephone, text messages or even social media posts gained popularity.
"Judgment of the Hon'ble SC on Triple Talaq is historic". The jury added, "Triple Talaq is not recognized by Koran and hence it couldn't be a practice to be protected under the right to religion".
The five-judge bench of the apex court that was headed by Justice JS Khehar has declared that triple talaq is unconstitutional. "It's a historic day", said Zakia Soman, the co-founder of the Indian Muslim Women's Movement, which was part of the legal battle to end the practice. "Triple talaq is a discriminatory practice that violates women's right to equality, and has devastated the lives of many Muslim women".
The ruling was delivered by a panel of five male judges from different faiths - Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.
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