On Tuesday, the five member bench of the Supreme Court stopped the practice of instant triple talaq. The reason was it was unconventional and violating Article 14 of the Indian Constitution, which provides for equality before the law. The five member bench was divided in 3:2 ratio.
Triple Talaq divorce(also known as talaq-e-mughallazah or irrevocable divorce) is a type of Islamic divorce that was practicing in India by the Indian Muslims. In this, a Muslim man can legally divorce his wife by saying talaq three times.
In the recent age, this was done even through a mobile phone or on any social media platform. The man need not cite any cause for the divorce and the wife need not be present at the time of the pronouncement of divorce. After a period of Iddat, during which it is ascertained whether the wife is pregnant with a child, the divorce becomes irrevocable.
In the recommended practice, a waiting period is required before each pronouncement of talaq, during which reconciliation is attempted. However, it has become common to make all three pronouncements in one sitting. While the practice was frowned upon earlier, it was not prohibited.
A divorced woman may not remarry her divorced husband unless she first marries another man, a practice called Nikah Halala. Until she remarries, she retains the custody of male toddlers and pre-pubertal female children. Beyond those restrictions, the children come under the guardianship of the father.
The All India Muslim Personal Law Board (AIMPLB), has told the Supreme Court that women can also pronounce triple talaq, and can execute nikahnamas that stipulate conditions so that the husbands cannot pronounce triple talaq.
Earlier, there was confusion with the verdict, since Chief Justice JS Khehar – who has written a dissenting opinion in the matter of triple talaq that began reading his judgment out first, prompting the media to report that instant triple talaq had been upheld. Khehar’s judgment calls on Parliament to frame a law on the matter within six months.
On Tuesday, Supreme Court said that triple talaq again the basic tenants of Quran. The abolishment of triple talaq by Supreme Court was appreciated by some, however, it was also criticized by many.
Bangladeshi author Taslima Nasreen reacted to the Supreme Court verdict, saying while it was “definitely not women’s freedom, there was a need to go beyond by doing away with “1400 yrs old Quranic laws”. From May 17, this issue was garnering many attentions and by then only verdicts were coming, regarding how to abolish it. But on Tuesday, it has finally been abolished.
UP CM Adityanath said, “It would have been great had it been on consensus. This is the start of justice for women. Soon further action will be taken in this regard. You cannot deprive anyone of justice for long. This is a milestone for women empowerment”.
— Yogi Adityanath (@myogiadityanath) August 22, 2017
Prime Minister, Mr. Narendra Modi said that it was a historic judgment and it grants equality to Muslim women. He also said that the judgment will serve as a powerful measure for women empowerment.
Judgment of the Hon'ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment.
— Narendra Modi (@narendramodi) August 22, 2017