Calling it ‘illegal’ and unconstitutional’, the Supreme Court on Tuesday barred triple talaq – the practice that allows Muslim men to instantaneously divorce their wives by uttering talaq (divorce) thrice — for six months and urged Parliament to bring a new law.
The landmark verdict was delivered by a 5-judge bench in a 3:2 majority verdict. The Constitution so far has held that the 1400-year-old triple talaq is legal for Muslims, but many aggrieved women, divorced by letter, on SMS, Whatsapp and even Skype challenged the controversial practice.
The bench, in the 3:2 verdict, asked the government to bring legislation within six months and urged all political parties to come together and decide on this.
The apex court referred to the abolition of triple talaq in Islamic countries and asked why independent India could not get rid of it.
The court also made it clear if a law was not enacted within six months, its injunction on triple talaq would continue.
Justices Rohinton Nariman, Uday Lalit and Joseph Kurien ruled that triple talaq is unconstitutional. Justice Joseph said what cannot be true in theology cannot be protected by law. He added that triple talaq is not recognised by Koran and hence it couldn’t be a practice to be protected under the right to religion.
Justice Abdul Nazeer and Chief Justice JS Khehar upheld the validity of triple talaq.
CJI Khehar asked the government to bring legislation in six months to govern marriage and divorce in the Muslim community. He added that talaq-e-biddat is an integral part of the Sunni community and has been practiced for a 1000 years, reported ANI.