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Divorce By Saying Triple Times "Talaq" Banned

26 August, 2017, 01:34 | Author: Lamar Ellis
  • A gardener works in the lawns of the Supreme Court in New Delhi India Tuesday Aug. 22 2017

Victims of the practice known as "triple talaq", whereby Muslim men can divorce their wives by reciting the word talaq (divorce) three times, had approached the Supreme Court to ask for a ban.

"This is a sensitive case where sentiments are involved".

The case was brought by Muslim women who said that the practice went against their constitutional right to equality.

Under "talaq ahsan", a Muslim man can divorce his spouse by pronouncing "talaq" once every month in three consecutive months, which would be signified by menstruation cycles.

After hearing prolonged arguments, the bench had reserved its verdict on a clutch of petitions, including the one by Shayara Banu, who challenged the Muslim Personal Law and its retrograde practices. "Muslim women have struggled for years", she told the BBC.

"The Supreme Court has a right to interfere in the personal space and they have done so", said Maneka Gandhi, minister for women and child development.

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"It is a beginning of a new epoch of self-respect and equality for Muslim women". The list includes Turkey and Cyprus, which have adopted secular family laws; Tunisia and Algeria and the Malaysian state of Sarawak, which do not recognise a divorce pronounced outside a court of law; and Iran, where triple talaq does not have validity under its Shia law.

All India Majlis-e-Ittehadul Muslimeen chief and Hyderabad MP, Asaduddin Owaisi, who has also been an opponent of any ban on triple talaq through judicial intervention, cautioned that though the "I respect the verdict but its implementation on the ground will be a Herculean task". Justices Kurian Joseph, RF Nariman and UU Lalit held triple talaq as violative of the Constitution.

Two major Muslim bodies - The All India Muslim Women Personal Law Board and the All India Shia Personal Law Board also welcomed the verdict, terming it a victory of Islam and Muslim women in the country. Even in its examination of triple talaq, only talaq-e-biddat or instant and irrevocable talaq has been declared unconstitutional.

"Triple Talaq is wrong in that way Quran doesn't permit it and it is unjust to women", Ghouse said.

"The government will consider the issue in a structured manner", Union Law Minister Ravi Shankar Prasad had said on the matter post the verdict. "It's a historic day", said Zakia Soman, co-founder of the Indian Muslim Women's Movement, which was part of the legal battle to end triple talaq. It was signed by more than 50,000 Muslim women and men.

The three other judges on the bench gave a clear verdict that triple talaq is invalid.

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