BJP using triple talaq ruling to impose uniform civil code: CPI-M

Laura Christensen
August 27, 2017

The law allows Muslim men to divorce their wives simply by uttering the word "talaq" three times.

The controversial practice known as instant triple talaq - in which a man tells a woman "I divorce you" three times in succession - is observed in only a handful of countries, including Saudi Arabia.

"No doubt judgement of the Supreme Court needs to be appreciated but credit for the judgement goes to the awakened Muslim womenfolk who launched detrimental crusade against the sinful practice of "Triple Talaq" and to the media that relentlessly campaigned for their cause".

The five judges were from India's major faiths - Hinduism, Islam, Christianity, Sikhism and Zoroastrianism.

Justice Nariman said talaq-e-biddat allows a Muslim man to "whimsically and capriciously" divorce his wife. Its senior member, Kamal Farooqui said: "Court order has affected the rights of religious minorities to practice their religion".

Many people from the country have celebrated the joyous moment including India's Prime Minister, Narendra Modi. In the Latifi case, it upheld the right of Muslim women to maintenance till re-marriage.

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Mumbaikars have welcomed the Supreme Court's historic judgement to declare triple talaq unconstitutional.

Asserting that if it is bad in theology, it can not be accepted in law, the bench observed, "What is morally wrong can not be legally right". Most grateful to the apex court will be tens of thousands of Muslim women who have been victims of this unjust practice for hundreds of years. "What is banned in Quran can not be good in Shariat". But it can unequivocally be said that they must have breathed a sigh of relief with the practice having been held contrary to the Indian Constitution.

India was one of the few nations that permitted triple talaq, which does not constitute legal divorce in Pakistan or Bangladesh. "Political parties should have a dialogue with stakeholders to make necessary amendments in the law".

The Yogendra Yadav-led Swaraj Abhiyan on Tuesday said with the triple talaq issue settled, now attention should be paid to the "real" issues concerning Muslims such as education, discrimination in jobs and habitation etc.

Other plaintiffs later joined the case, including a woman whose husband divorced her in a letter sent by express mail. Shah Bano eventually died in 1992 and her case continues to be a milestone. "This can not be seen as an isolated decision, it has opened the other doors for change in our discriminatory system and may affect the continuation of Article 35A and may pave way for common civil code". He argued that while triple talaq was unconstitutional, it was for the government to decide whether it should be banned. Ahsan and Hasan are revocable.

The judgement is not a rejection of the personal laws or a call for their total reform.

Other reports by My Hot News

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