8 Points About The Burning Triple Talaq Issue That You Need To Know

Heer Khant

The Supreme Court, today put a six-month stay on the controversial practice of Triple Talaq, asking the government to enact a law within that time frame. The apex court also declared the practice unconstitutional, stating that it violates fundamental rights.

Here are 7 things that you need to know:

1. Issues such as divorce, alimony, marriage amongst Muslims are government by governed by Muslim Personal law (Shariat) Application Act, 1937. However, they are not codified. The practice of Triple Talaq is one such practice that is governed under this Act.

2. The Supreme Court, with a five judge bench comprising of judges of five faiths viz. Justice Kurian Joseph (Christian), Justice Rohinton Nariman (Parsi), Justice Uday Lalit (Hindu), Justice Abdul Nazeer (Muslim), the headed by Chief Justice J.S. Khehar, passed the verdict declaring Triple Talaq unconstitutional, also stating that it violates fundamental rights.

3. The petition in this case is titled as Quest for Equality vs Jamiat Ulama-I-Hind.  Linked with the case there are six petitions by Muslim women Khuran Sunnath Society, Shayara Bano, Aafreen Rehman, Gulshan Parveen, Ishrat Jahan and Atiya Sabhri.

4. The verdict was a 3-2 majority verdict with Justices Rohinton Nariman, Uday Lalit and Joseph Kurien ruled that triple talaq is unconstitutional. Justice Abdul Nazeer and Chief Justice JS Khehar upheld the validity of triple talaq.   

5. The All India Muslim Personal Board (AIMPLB) will convene a meeting in Bhopal on September 10 to decide their future course of action post the verdict. The board had issued an advisory that Muslim women should be given the choice to opt out of instant triple talaq before their nikah or wedding.

6. The practice is 1400 year old – with cases of Triple Talaq being given to women on Skype and WhatsApp, coming to light recently. The practice is known as talaq-e-biddat. The court invoked extra-ordinary jurisdiction under Article 142 to declare the practice invalid.

7. The government claimed that instant talaq is not fundamental to Islam. It said it shall bring a new divorce law for Muslims in case the apex court strikes down the three forms of  talaq under Muslim Personal Law – ‘Ahsan, Hasan and Biddat’.

8. SC has given the centre 6 months time to enact a law banning the practice. The injunction of the apex court will continue if the government fails to enact the law in 6 months time. The apex court has also asked the political parties to keep their differences aside.

The Triple Talaq practice is likely to restart the debate on a Uniform Civil Code.

Heer Khant
Heer Khant

Traveller | Writer | Photographer | Maverick | Social Worker | Lawyer | A freedom-loving woman for whom words are like wings to her soul. She believes in aliens, hates boundaries and lives like the first human on Earth.

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