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Supreme Court questions the Validity of Triple Talaq and whether it is fundamental to Islam

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New Delhi, May 11, 2017: The Supreme Court on Thursday heard a batch of petitions challenging the constitutional validity of “triple talaq” and to know whether it was fundamental to Islam.

“We are going to decide the validity of triple talaq,” said Chief Justice Jagdish Singh Khehar, heading a Constitution bench.

He asked the parties concerned to focus on whether triple talaq was fundamental to Islamic religion.

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The Chief Justice said that petitioners and respondents would address the court on whether triple talaq was an enforceable fundamental right.

The bench sought suggestions on the broad parameters of the directions the court may issue while deciding the validity of triple talaq.

Other judges on the Constitution bench are Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer.

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The court said both sides would get two days each to argue their case. Thereafter, both sides would get a day each to submit rejoinders.

Triple talaq is a practice under which a husband can verbally divorce his wife by uttering the word “talaq” thrice.

This has been opposed by a section of the Muslim society while others say it cannot be changed as it is part of Muslim personal law.

The Modi government wants triple talaq to go. The practice is not followed in many Muslim countries including Pakistan. (IANS)

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  • P. B. Josh

    Why look deep in the religion? How many Muslim majority countries have abandoned this practice?

  • vedika kakar

    This practice is so horrifying- even if a man in his sleep says talaaq thrice, the marriage is over. Men have sent whatsapp messages quoting talaq, talaq, talaq. Is this how an institution such as marriage should be treated? Is this how a woman should be treated? I respect all religions as well as the rights of all humans

Next Story

Triple Talaq Now Banned In India

While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched.

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India
Indian Muslim women talk while walking through a market in Ahmadabad, India. VOA

India’s government on Wednesday approved an ordinance to implement a top court ruling striking down the Muslim practice that allows men to instantly divorce.

The government decision came after it failed to get approval of Parliament a year after the court ruled that the practice of triple “talaq” violated the constitutional rights of Muslim women.

Most of the 170 million Muslims in India are Sunnis governed by the Muslim Personal Law for family matters and disputes. The laws include allowing men to divorce by simply uttering the Arabic word “talaq,” or divorce, three times — and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.

Muslim
Triple Talaq continues to plague lives of  women, VOA News

The government will have another six months to get Parliament’s approval for the ordinance to become law. But in the meantime, suspects can be prosecuted using the ordinance.

Law Minister Ravi Shankar Prasad said that nearly 22 countries, including neighboring Pakistan and Bangladesh, have banned the practice and appealed to the opposition to approve the Muslim Women Protection of Rights on Marriage Bill.

India’s Muslim Law Board had told the court that while they considered the practice wrong, they opposed any court intervention and asked that the matter be left to the community. But several progressive Muslim activists decried the law board’s position.

Muslim
Muslim women hold placards during a protest against a bill passed by India’s lower house of Parliament last week that aims at prosecuting Muslim men who divorce their wives through the “triple talaq,” or instant divorce. VOA

After the Supreme Court verdict, Prime Minister Narendra Modi’s government introduced a bill criminalizing the practice and it was approved in December by the lower house of Parliament, where his party commands a majority. But it couldn’t get the approval of the upper house, where the opposition controls the majority of seats.

The main opposition Congress party is opposing a three-year prison sentence for the offenders and wants a parliamentary committee to discuss the issue to reach a consensus. It favors a lesser sentence.

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In India, triple talaq has continued with the protection of laws that allow Muslim, Christian and Hindu communities to follow religious laws in matters like marriage, divorce, inheritance and adoption. While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched. (VOA)