A step towards human rights and natural justice for Muslim Women of India. Supreme Court has banned Tipple talaq till parliament enacts a new law for the divorce in Muslim marriage.
Triple talaq, the most controversial practice that gives Muslim men to leave their lawful wives immediately by uttering “talaq” (divorce) thrice.
Before this verdict Triple talaq was legal for Muslims according to the constitution, but several Muslim women who have been divorced, including on Skype and on WhatsApp, had challenged the 1400-year-old practice.
A constitution bench of five judges of different faiths – Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer – heard the case over five days from May 12 to May 18. The court had framed questions that included whether triple talaq is fundamental to Islam and whether it is an enforceable fundamental right.
All India Muslim Personal Law Board described the divorce practice as “horrendous”, “sinful” and “undesirable” with no approval of the Quran e Sharif and the Shariat.
But challenging this old tradition is like “testing the validity of customs and practices was a slippery slope” according to Muslim Law Board.
The Muslim personal law board issued an advisory that Muslim women should be given the choice to opt out of instant triple talaq before their nikah or wedding.
The government had backed the petitioners, declaring triple talaq unconstitutional, and derogatory and discriminatory for women.
Now the nation will look towards the parliament for the justice to continue through the law even.