New Delhi: In a path-breaking verdict, the Supreme Court on Tuesday banned the 1,400 year-old practice of instant ‘triple talaq’ among Sunni Muslims and set it aside on several grounds including that it was against the basic tenets of the Holy Quran and violated the Islamic law Shariat.
A five-judge Constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar found himself in a minority, said in a one line order: “In view of the different opinions recorded by a majority of 3:2, the practice of ‘talaq-e-biddat’ – triple talaq is set aside.”
The three separate verdicts totalling 395 pages, written for the majority by Justices Kurian Joseph and R F Nariman, did not concur with the minority view of the CJI and Justice S A Nazeer that ‘triple talaq’ was a part of religious practice and the government should step in and bring in a law.
The three judges, Justices Joseph, Nariman and U U Lalit, expressly disagreed with the CJI and Justice Nazeer on the key issue whether triple talaq was fundamental to Islam.
The verdict was immediately welcomed by leaders across the political spectrum, social activists and top jurists who hailed it as a victory of “gender equality” and a “giant step” for women, with Prime Minister Narendra Modi saying it has granted equality to Muslim women.
Echoing similar views, senior advocate Mukul Rohatgi, who had advanced Centre’s stand against the practice as Attorney General, welcomed the ruling saying it was a step towards achieving the ultimate goal of a uniform civil code.
He said the government’s stand was “completely vindicated” and the judgement has restored the dignity of Muslim women who can now march to progress like other citizens of the country.
His successor K K Venugopal also welcomed the verdict which upheld the stand of the NDA government, while legal luminary Soli Sorabjee said “it is a progressive judgement which has protected the rights of the women and now no Muslim man can divorce his wife through this method.”
With triple talaq being set aside, now Sunni Muslims will not be able to take recourse to this mode as it would be “void ab initio” (illegal at the outset).
They are now left with two other modes of securing divorce — ‘talaq hasan’ and ‘talaq ahsan’ after the apex court on Tuesday set aside the ‘talaq-e-biddat’ or triple talaq.
Under ‘talaq ahsan’, a Muslim man can divorce his spouse by pronouncing ‘talaq’ once every month in three consecutive months, which would be signified by menstruation cycles.
As per ‘talaq hasan’, divorce can be given by pronouncing talaq “during successive tuhrs (menstruation cycles)” with no intercourse during any of the three tuhrs.
Justice Joseph said “I find it extremely difficult to agree with the CJI that the practice of triple talaq has to be considered integral to religious denomination in question and that the same is part of their personal law.”
This view was shared by Justices Nariman and Lalit who were part of the majority. (PTI)
