Triple Talaq ‘void’, ‘illegal’, declares Supreme Court in landmark judgement

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triple talaqIn a landmark judgment, Supreme Court on August 22 declared triple talaq as “void”, “unconstitutional” and “illegal”.

While banning the much talked and controversial Islamic practice, the apex court questioned, “Why can’t India get rid of it?”

The decision which came by 3-2 verdict ruled that triple talaq is against the basic tenets of Quran and violates the fundamental rights of women.

While justices Kurian Joseph, RF Nariman and UU Lalit held it as unconstitutional, Chief justice JS Khehar and Justice S Abdul Nazeer favoured to put it on hold for six months, asking the government to come out with a regulated law on this.

The Supreme Court’s ruling supported government’s stand which said triple talaq violates fundamental rights of women. Three of the five judges held that the practice which allowed Muslim men to give divorce to their wives by saying ‘talaq’ three times violates tenets of Quran.

With this practice, many Muslim women who approached the top court, have been divorced on social media channels including Whatsapp and Skype.

While questioning why India shouldn’t ban triple talaq, the Supreme Court also referred to the fact that several Islamic countries like Pakistan do not allow this practice.