On 22nd August, a five-judge bench of the Supreme Court in a split verdict ruled that the practice of instant triple talaq in the Muslim community is unconstitutional. The bench set aside the practice by a majority of 3:2.
Key Points of the SC ruling
Majority Verdict
- Three judges of the bench said that triple talaq must be struck down as it goes against the constitution and is unacceptable.
- They said that the Muslim Personal Law (Shariat) Application Act of 1937 recognised and enforced triple talaq, therefore, it should not be considered a personal law but a statutory law. Hence it comes under the ambit of Article 13(1) of the constitution.
- Article 13 mandates that any law, framed before or after the Constitution, should not be violative of the fundamental rights.
- Triple Talaq is manifestly arbitrary and was violative of Article 14 (the Right to Equality) and did not enjoy the protection of Article 25(1) of the Constitution.
Minority Verdict
- Two judges ruled that triple talaq enjoys the status of fundamental rights as it is a part of Muslim personal law.
- They were in favour of putting the practice aside for a period of six months allowing Parliament to legislate on it.
- They asked political parties to set aside their differences and introduce a new law on the practice, taking into account concerns of Muslim bodies and the Sharia law.
What is Triple Talaq?
- There are three forms of talaq (divorce) in Islam: Ahsan, Hasan and Talaq-e-Biddat (triple or instant talaq). Ahsan and Hasan are revocable but Biddat is irrevocable.
- Triple talaq is a practice mainly prevalent among India's Muslim community following the Hanafi Islamic school of law.
- Under the practice, a Muslim man can divorce his wife by simply uttering "talaq" three times but women cannot pronounce triple talaq and are required to move a court for getting divorce under the Sharia Act, 1937.
- Triple talaq divorce is banned by many Islamic countries, including Pakistan, Bangladesh and Indonesia.
