Triple talaq verdict to ensure Muslim womens right, equality

Geneva Matthews
August 25, 2017

Last year, Prime Minister Narendra Modi claimed that the lives of Muslim women in India were being "destroyed by triple talaq".

India's Supreme Court on Tuesday banned the controversial practice of instant divorce practised by some members of the Muslim community. "All citizens of India have similar rights therefore in fairness to all, I think we should have a UCC which takes the best features of all personal laws and is applied in uniformity", Justice Manohar added.

The board has welcomed the verdict saying "the apex court has upheld the existence of the fundamental rights of the muslims as enshrined in the constitution".

He described the judgment as the "beginning of a new epoch for women to live with self-respect".

This was one of the most obnoxious provisions of Muslim personal law and allowed a Muslim man to divorce his wife by just saying the word "talaq" three times.

The two dissenting judges said India could not outlaw triple talaq because it would infringe on individual freedoms. "The RJD is in support of the SC judgement and respect it as it has termed instant triple talaq unlawful".

The decision, they said, has given new hope to Muslim women.

The third judge has said it was illegal as it was not sanctioned by the Quran and Islamic religious practice. Whole Islamic law or Sharia law should be abolished.

One of the petitioners, Shayara Bano, who was instantly divorced in a letter from her husband while she was recovering from illness, called on the government to ban the practice as soon as possible in the wake of the court's decision.

"I think the Supreme Court has stepped in at the right time".

Another government functionary told PTI, "The wife is free to drag such a person [a husband practicing triple talaq] to the police and file a complaint of harassment or domestic violence".

The Supreme Court on Tuesday banned the practice of Triple Talaq for six months until the Government brought legislation. All India Muslim Personal Law Board (AIMLB) should go along the verdict and work seriously for its enforcement.

Under "talaq ahsan", a Muslim man can divorce his spouse by pronouncing "talaq" once every month in three consecutive months, which would be signified by menstruation cycles.

The board had earlier accused Mr Modi of triggering an "internal war" in India with plans to introduce a common civil code for all religions.

Other reports by VideoGamingPros

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