Supreme Court, the highest court of the country, today declared that triple talaq, the practice of Muslim men getting an instant divorce by saying “talaq” three times, will be barred for six months until Parliament brings in a law.
The constitution bench heard seven petitions filed by Muslim women challenging the 1,400-year-old practice, including by one who was divorced on WhatsApp.
Muslims are governed by the personal law that came into force in 1937. The NDA government has long argued that practices such as triple talaq violate fundamental rights of women.
The Muslim Personal Law Board has opposed any court intervention, arguing that the court must keep out of matters of faith.
The board did offer suggestions to check the practice – getting men to guarantee during the wedding they will not subject their wives to triple talaq, and a social boycott of men who do.
The Centre told the Supreme Court that the practices like ‘triple talaq’ impact the social status and dignity of Muslim women and deny them fundamental rights guaranteed by the Constitution.
Supreme Court expresses hope that centre’s legislation will take into account concerns of Muslim bodies and Sharia law while bringing the law into enforcement.
The Supreme Court questioned if Muslim personal law practices of marriage and divorce reduce women to mere assets.
The verdict was pronounced by five judge panel. The judges are from different communities – Chief Justice JS Khehar (Sikh) and Justices Kurian Joseph (Christian), RF Nariman (Parsi), UU Lalit (Hindu) and Abdul Nazeer (Muslim).
