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Supreme Court: ‘Triple Talaq Unconstitutional!’

  • Akshay Rane
  • August 22, 2017
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In a historic judgement, the honourable Supreme Court of India came down heavily on the age-old practice of Triple Talaq in a 3:2 judgement.

Triple Talaq is an ancient practice that has been prevalent for ages.

What is Triple Talaq?

As per this widely criticized practice, Tripe Talaq gives the right to a Muslim man to instantly divorce his lawfully wedded wife.

However, one needs to understand, in the recommended practice, a waiting period is required before each pronouncement of talaq (time between each talaqs), during which reconciliation is attempted.

However, Muslim men have conveniently ignored this stipulation, and pronounced three talaqs at one go. This practice is criticized, but not prohibited.

The Chief Justice of India has ordered the Government to bring legislation in the coming 6 months.

The practice is despised by most women but defended by Muslim men, with the excuse that it is ordinated by Allah in the Quran.

During the hearing in May, the Center had assured the apex court that it would come out with a law to regulate marriage & divorce among Muslims, if Triple Talaq is upheld as invalid.

Shayra’s Story:

Shayra from Uttarakhand’s Hempur Daya in Kashipur, filed a petition against Triple Talaq, Nikah Halala & Polygamy in the SC on Feb 23, 2016.

The Central Government filed an affidavit against Triple Talaq based on her petition

Her husband Rizwan Ahmed divorced her by pronouncing the word ‘talaq’ 3 times through a letter sent to her on October 15, 2015

What do Islamic countries practice?

It is worth noting that the popularly conservative Islamic nations, including Pakistan, Saudi Arabia, and Indonesia have banned ‘triple-talaq’

Political Gains Greater than Women Rights?

It makes one wonder the reason behind the continuation of this archaic rule even in the current modern era, in India. Have our politicians allowed this practice to continue for their selfish political gains?

What is even more mind-boggling is the silence of the so-called seculars and pseudo-intellectuals of India who return awards at the drop of a hat.

Some Important Facts

According to a survey conducted by Muslim-based Bharatiya Muslim Mahila Andolan, nearly 92% of Muslim women want a total ban on oral unilateral divorce.

Many cases have come to light in which women are now increasingly being divorced over social media platforms like, Skype, whatsapp & so on.

It is to be seen if better sense prevails and the Parliament unequivocally agrees to put an end to this misused practice.

We would love to hear your opinions on this widely debated issue!

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