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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 | 6 years ago | Reply @Faisal: Their Land, their Laws.

Faisal | 6 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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Priyansh | 6 years ago | Reply Faisal. How ignorant you are! India has a very widely described constitution which clearly gives all Indian equal rights. Article 14 gives us equality, Article 21 gives us liberty and dignity and Article 26 gives us management of our own religious affairs. Be a Hindu or a Muslim, we all follow our constitution and it is the supreme law of our land. First get yourself clear on the point that Shayara Bano (35 year old Muslim woman) filed a petition in court when her husband divorced her by using letters. 5 judge bench which gave the vedict comprised all 5 persons of different religions- Hindu, Muslim, Sikh, Christian and Parsi. You won't understand as you guys consider your religion above other religions. The basis of humanity is equality. The verdict also upholds that the representatives have to bring a legislation for the same. So Mr. Faisal don't go on saying anything that you don't understand. Every society has its different needs but there are certain values which are universal. Right to dignity is one of them. That is what has been once again retorted by our apex court.

Faisal | 6 years ago | Reply what "law" have Indian Muslims been subjecting themselves to?? It is very clear in places like UAE, Saudi Arabia, Egypt, in fact most Muslim countries, etc. that divorce happens one at a time - ie even if the husband messages 10 times on whatsapp, it will count as one divorce and so there is still chance to reconcile and patch up over a period of several weeks. This "triple talaq" or 3 divorces in one-go is something that should be eliminated as according to consensus of scholars outside of India divorce is one at a time and 3 in one go is simply not possible! Victims of "cultural practices" dare I say.

Umar Khan | 6 years ago | Reply Good decision by SC in my opinion. In short, SC is telling Muslims to adopt Shariah completely while divorcing (i.e. to divorce per true spirits of Islam). I appreciate SC decision as most Muslim countries have already covered it through law and hopefully India will also. Further, very beautiful explanation in the SC Judgement.

Faisal | 6 years ago | Reply I strongly recommend Indian Muslims to wake up and check and verify what Islam says about "triple talaq" - many things in India are more "cultural" based and like it nor not, Indian Muslims are not the world's most educated when it comes to sharia law or jurisprudence. And in fact it is well known that many, many, many things happening in India are based on "culture", "popular belief", etc.

Faisal | 6 years ago | Reply @Iqbal: at least use your real name when you post you coward. Why are you trying to hide India's secular lies by dragging Pakistan only into this? How about the Gulf countries where MILLIONS of Indians DIE TO GET A VISA and work? How come you didn't comment on UAE or Saudi Arabia that has the same laws? The fact is that Nehru and Ghandi lied to people when they said it would always be a secular country! Now you Indians are utterly confused as to how you can go to the millions of Indian Muslims and tell them that all you Muslims are violate the Hindutva laws??! And now even descendants of Indian Muslims who opposed Jinnah and loved India and Ghandi realize that their forefathers sold them to Hindutva!

Iqbal | 6 years ago | Reply I salute you, India. This medieval laws should have been abolished centuries ago. When is Pakistan passing the same laws? I suppose in 1000 years.

Depel Das | 6 years ago | Reply Thanks Quaid !!

Rollin & Trollin | 6 years ago | Reply In the meantime, folks, "no toilets allowed" enshrined in the Indian constitution.

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