India’s Supreme Court on Tuesday (Aug 22) ruled a controversial
Muslim quick divorce law “unconstitutional”.
Victims of the practice known as “triple talaq”, whereby Muslim
men divorce their wives by reciting the word talaq (divorce) three
times, had approached the Supreme Court to ask for a ban.
Triple talaq is banned in several Muslim countries, including in
neighbouring Pakistan and conservative Saudi Arabia.
Several Islamic scholars have said there is no mention of triple
talaq in the Quran, which instead details a different process for
divorce based on mediation.
It is “not integral to religious practice and violates
constitutional morality,” a panel of Supreme Court judges said.
The five judges were from India’s major faiths – Hinduism,
Christianity, Islam, Sikhism and Zoroastrianism.
In their ruling they said it was “manifestly arbitrary” to allow
a man to “break down (a) marriage whimsically and
capriciously”.
“What is sinful under religion cannot be valid under law,” they
said.
The All India Muslim Personal Law Board (AIMPLB), a grouping of
Islamic organisations, had opposed any efforts to ban triple
talaq.
The practice had been challenged in lower courts but it was the
first time India’s Supreme Court had considered whether triple
talaq was legal.
India allows religious institutions to govern matters of
marriage, divorce and property inheritance in the multi-faith
nation, enshrining triple talaq as a legal avenue for its 180
million Muslims to end unions.
But the Hindu nationalist government of Prime Minister Narendra
Modi had backed the petitioners in this landmark case, declaring
triple talaq unconstitutional and discriminatory against women.
India’s Supreme Court on Tuesday (Aug 22) ruled a controversial
Muslim quick divorce law “unconstitutional”.
Victims of the practice known as “triple talaq”, whereby Muslim
men divorce their wives by reciting the word talaq (divorce) three
times, had approached the Supreme Court to ask for a ban.
Triple talaq is banned in several Muslim countries, including in
neighbouring Pakistan and conservative Saudi Arabia.
Several Islamic scholars have said there is no mention of triple
talaq in the Quran, which instead details a different process for
divorce based on mediation.
It is “not integral to religious practice and violates
constitutional morality,” a panel of Supreme Court judges said.
The five judges were from India’s major faiths – Hinduism,
Christianity, Islam, Sikhism and Zoroastrianism.
In their ruling they said it was “manifestly arbitrary” to allow
a man to “break down (a) marriage whimsically and
capriciously”.
“What is sinful under religion cannot be valid under law,” they
said.
The All India Muslim Personal Law Board (AIMPLB), a grouping of
Islamic organisations, had opposed any efforts to ban triple
talaq.
The practice had been challenged in lower courts but it was the
first time India’s Supreme Court had considered whether triple
talaq was legal.
India allows religious institutions to govern matters of
marriage, divorce and property inheritance in the multi-faith
nation, enshrining triple talaq as a legal avenue for its 180
million Muslims to end unions.
But the Hindu nationalist government of Prime Minister Narendra
Modi had backed the petitioners in this landmark case, declaring
triple talaq unconstitutional and discriminatory against women.
Read more https://nairalaw.com/indias-top-court-rules-controversial-muslim-divorce-law-unconstitutional/