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The Landmark Judgment of Indian Supreme Court on ‘Triple Talaq’

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The Indian Supreme Court has given a historical decision of ‘Triple Talaq’ issue in Muslims. An Indian Muslim woman filed the case in Supreme Court. Her husband gave her talaq by writing the word three times on a piece of paper. The bench of five judges heard the case from May 11 to May 18 and saved the decision. Today, the court has given the decision saying it is illegal and does not conform to the principals of Islam. This issue was increasing in the country rapidly and there are many cases still pending in the lower courts. There are many such cases in which the husband has divorced wife by writing word talaq three times on Skype and WhatsApp.

The bench consisted of five judges. Of these five, three opposed the method of divorce while other two favored it. All the judges belonged to different religious sects. Thus, the woman had won the case by 3:2 and the court have banned this method of divorce. The court’s decision has following important points.

  1. Three of the judges opposed it by saying it unconstitutional, and the two demanded for a ban of six months until the government introduces new legislation.
  2. The two judges who were in favor of law asked the government to discuss the matter with some Muslim Organizations who interfere with government’s constitutional rights to govern such affairs.
  3. However, the All India Muslim Personal Law Board has opposed the decision saying that it is a religious matter and courts cannot give their verdict on it.
  4. The judges also gave reference to many Islamic countries including Pakistan where triple talaq has no existence.
  5. The Supreme Court has first time reviewed the issue whether it is an integral part of Islam or not. The three judges say that it is not an integral part of Islam and thus opposes the tenets of the Holy Quran.
  6. The critics are also of the view that it is illegal and inhuman. It violates the basic rights of women. The defending lawyer also says that this ‘triple talaq’ has no basis in Islamic law.
  7. The panel of five judges from different religions has given the verdict.
  8. The verdict also says that India gives religious freedom to all sects. The ‘triple talaq’ was also legal in Indian civil codes, but it had ruined the lives of many women.
  9. The government has also supported the petitioners, in this case, saying that triple talaq is unconstitutional and derogatory.
  10. The BJP also wanted a uniform civil code to end the interference of religious laws in civil codes.
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