Muslim divorce law violates the constitution: India SC

'We are directing the Union of India to consider appropriate legislation in this regard'


Reuters August 22, 2017
PHOTO: INDIA TODAY

NEW DELHI: India's Supreme Court on Tuesday blocked the use of the Muslim divorce law until the government frames new legislation, a partial victory for Muslim women who had long argued that the law violated their right to equality.

India's Muslim women fight 'triple talaq' divorce

"This is a sensitive case where sentiments are involved. We are directing the Union of India to consider appropriate legislation in this regard," Justice JS Khehar said while announcing a six-month suspension on the practice of the divorce law.

The law allows Muslim men to divorce their wives simply by uttering the word 'talaq' three times. Muslim women say they have been left destitute by husbands divorcing them through "triple talaq", including by Skype and WhatsApp.

Hindustan Times reported,"Talaq-e-biddat (instant divorce) is manifestly arbitrary which allows a Muslim man to break down marriage whimsically," a bench led by Chief Justice of India JS Kehar announced in a packed courtroom. SC strikes down triple talaq by a 3-2 majority.

Indian woman wins divorce over lack of toilet

“It cannot be considered as integral part of personal law and cannot have constitutional protection. It is against Quran and violates the Shariat,” the SC said. The SC strikes down instant triple talaq (talak-e-biddat) by 3-2 verdict, saying it violates Article 14 of the Constitution.

COMMENTS (10)

Sad but True | 4 years ago | Reply @Faisal: Their Land, their Laws.
Faisal | 4 years ago | Reply @Priyansh: I don't care about Indian constitution - Neither do any non-Indians - around 6 billion in the earth! What I care about is the WRONG "triple-talaq" combo Indian Muslims have been following thinking that its in Islam whereas it is based on their "Indian" culture and not Islam. So my advise to Indian Muslims is to follow Islam and this exploitation of women in triple-combo talaq will end! Repeat: millions of Indian Muslims think they are following Islam in this matter, whereas they are not. Do you understand the key issue at heart? U want Indian constitution to "solve" problems - whereas the fix for Indian Muslims is simply to follow Islam rather than their beloved Indian culture that has put them in this bind in the first place!
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