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SC quashes Triple Talaq; calls it unconstitutional, against Quran

SC quashes Triple Talaq; calls it unconstitutional, against Quran

New Delhi, Aug 22 (UNI) In a 3:2 majority judgement, the Supreme Court today set aside the practice of divorce through triple talaq among Muslims, declaring it unconstitutional, illegal and void. The apex court held that the practice of triple talaq was against the basic tenets of Quran and hence unacceptable. The three judges said the triple talaq is manifestly arbitrary and violative of the Constitution and must be struck down. The bench held that the practice of triple talaq is not protected by Article 25 of the Constitution which guarantees Freedom of Religion. While Justice Kurian Joseph, Justice RF Nariman and Justice UU Lalit held triple talaq as violative of the Constitution, Chief Justice JS Khehar and Justice S Abdul Nazeer were in favour of putting on hold the practice for six months and asking the government to come out with a law. Chief Justice Khehar and Justice Nazeer said triple talaq was an age-old practice and integral part of Muslim religion and the court cannot intervene whereas Justice Joseph said it lacked approval of Shariat and is against the holy Quran. He added that triple talaq is bad in theology and bad in law. Constitutional protection to triple talaq is not permissible. All the five judges hail from different religious communities -- Sikh, Christian, Parsi, Hindu and Muslim. It had heard seven petitions, including five separate petitions filed by Muslim women challenging the prevalent practice of 'triple talaq' among Muslims. The petitioners had challenged the practice of 'triple talaq' in which the husband pronounces 'talaq' three times in one go, sometimes uttering it by phone, text message to get divorce. The bench had taken up the main matter on its own as a petition titled "Muslim women's quest for equality". On its own, the top court had taken cognizance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands Chief Justice Khehar held that instant talaq does not violate Articles 14, 19 and 21 of the Constitution, and passed it on to the legislature within six months to decide a law. Justice Nariman observed that it is "not possible for the court to fold its hands when petitioners come to court for justice. He said talaq-e-biddat allows a Muslim man to "whimsically and capriciously" divorce his wife. The practice is "manifestly arbitrary" and does not enjoy the protection of Article 25. Justice Kurian said instant talaq was against the tenets of Quran. "What is banned in Quran cannot be good in Shariat. What is banned in theology cannot be good in law," he observed. The Centre had claimed that instant talaq was not fundamental to Islam. The government argued that Muslim marriage and divorce is codified under Section 2 of the Shariat Act of 1937 and came within the ambit of 'law' under Article 13 of the Constitution. Hence, they should abide by the principles of dignity and non-discrimination. The Supreme Court had on May 18 reserved its verdict on various petitions challenging the constitutional validity of Triple Talaq. The five-judge Constitution bench had reserved the order after hearing in great detail from all the parties -- from various petitioners and respondents and the Central government -- for six consecutive days during the summer vacation. UNI XC/VT SW 1410

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