Muslim women - Electronic Gurudev

In a major relief for Muslim women, the Supreme Court on Tuesday held triple talaq as “unconstitutional”, “arbitrary” and “not part of Islam”. The five-judge bench of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer by a 3:2 majority judgement said there is no constitutional protection for triple talaq. Justices Joseph, Nariman and UU Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat. However, Chief Justice Khehar and Justice Nazir, in a minority judgment, said triple talaq is integral to Islamic practices and enjoys constitutional protection. Khehar in his judgement urged Parliament to pass a law to deal with the issue. He, however, in...

On 8 December, the Allahabad High Court used strong words against the practice of triple talaq, describing it as “unconstitutional” and a violation of the rights of Muslim women, but such strong words do not mean anything practically and certainly do not settle the issue in law. More on that later, but first the court's observation should be welcomed because it is significant insofar as it strengthens women's rights movement in the country; sends a strong warning to Islamic clerics that time for them to change is now; denotes a pro-liberty shift in the higher judiciary's thinking, and offers a bright ray of hope to Muslim women who are rendered destitute overnight by triple talaq. The court observed: “The instant divorce (triple talaq) though has been deprecated and not followed by all se...

Tag: Muslim women

Supreme Court gives landmark verdict, declared triple talaq ‘unconstitutional’ and ‘not part of Islam’

Triple Talaq violates Fundamental Right: which is why Supreme Court should rule against it