The Supreme Court by a majority verdict on August 22, 2017 declared that Triple Talaq was void, illegal and unconstitutional. Triple talaq has been an issue of concern for over 65 years for Muslim women, who comprise approximately eight percent of the population as per the 2011 census.

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WHAT IS TRIPLE TALAQ?

Triple talaq (also known as talaq-e-mughallazah—Irrevocable divorce) is a form of Islamic divorce that was practised by Muslims in India. It allowed any Muslim man to legally divorce his wife by stating the word talaq (the Arabic word for “divorce”) three times in verbal, written, or more recently electronic form. Triple Talaq is a methodology of giving a divorce under sharia law( law making body for Islam).

First Talaq : A couple can apply for First Talaq in any judiciary body. After First Talaq, Islamic Religion gives them one more chance for re-uniting within a waiting period of 3 months. A couple can re-unite within this waiting period, without any new marriage contract or following any rituals that is been followed in newly marriages.

Second Talaq: A couple can apply for Second Talaq in any judiciary body. After second talaq, Ismalic religion gives them last chance for re-uniting within same waiting period of 3 months, without any new marriage contract or following any rituals that is been followed in newly marriages.

Triple Talaq: A couple can apply for Third Talaq in any judiciary body. After triple talaq, they can’t re-unite.

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BUT, HOW MUSLIMS ARE FOLLOWING THIS ??

Now a days, many male couple started giving Triple Talaq to their woman just by saying talaq 3 times instantaneous through social platform namely Skype, Facebook, Watsapp etc. But, this is against Islamic way of giving Talaq. And, I term this practise as “Instantaneous Triple Talaq” rather “Triple Talaq”.

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HISTORY OF TRIPLE TALAQ

The Triple Talaq removal movement was firstly initiated and came to limelight on Oct 16, 2015 when the SC bench asks Chief Justice of India to set up an appropriate bench to examine if Muslim women face gender discrimination in divorce cases while dealing with a case of Hindu succession.  Later in February 2016 SC asks the then Attorney General Mukul Rohatgi to assist it on the pleas challenging constitutional validity of ‘triple talaq’, ‘nikah halala’ and polygamy. The revolution gets a fresh life , the Centre opposes  these practises in SC and favours a relook on grounds like gender equality and secularism.

The Court said the practise of triple talaq was the “worst” and “not desirable” form of dissolution of marriages among Muslims. Centre in a discussion told the court that triple talaq is neither integral to Islam nor a “majority versus minority” issue but rather an “intra-community tussle” between Muslim men and deprived women.

After a prolonged discussion the Supreme Court, by majority verdict of 3:2 ,rules that divorce through triple talaq is void, illegal and unconstitutional and against basic tenets of Quran. Three judges favor putting on hold for six months the practise, asking the government to come out with a law in this regard.

EXTRACT OF JUDGEMENT OF SUPREME COURT 

Chief Justice Khehar said: “Triple talaq does not violate article 25, 14 and 21 of the Constitution… Practice being constituent of personal law, it can’t be set aside on ground of constitution morality by judicial intervention. Triple Talaq is important to sunnis of hanafi school, has to be accepted as important to their culture. Legislative intervention needs to be followed in respect of triple talaq if it has to be set aside… International conventions do not have any bearing on the subject as the practice is part of personal law. This is a case where court should exercise Article 142 and direct the Union to enact appropriate legislation keeping in mind advances in Muslim personal law”.

Chief Justice Khehar added: “Despite Rashid Ahmed decision by privy council the issue needs fresh examination. All parties were unanimous that triple talaq is a heinous practice. It won’t be appropriate for the court to observe whether practice is valid as per hadith due to variations in the school”.

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REACTIONS OF LEADERS

While most of the reactions to the verdict were positive, the All India Muslim Personal Law Board (AIMPLB) criticised it saying the judgment will have “wide ramifications” as it has affected the religious rights of minority groups.

In a tweet, PM Narender Modi said “Judgment of the Hon’ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment.”

Congress vice president Rahul Gandhi also welcomed the decision and congratulated the “women who fought for it”.

Madhya Pradesh chief minister Shivraj Singh Chouhan termed the verdict a step towards women empowerment.

Bangladeshi writer Taslima Nasreen reacted to the verdict, saying while it was “definitely not women’s freedom” there was need to go beyond by doing away with “1400 yrs old Quranic laws”.

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The landmark triple talaq verdict has given big boost to the ruling Bharatiya Janata Party (BJP) which has long pushed for a Uniform Civil Code to be enforced which would end the reach of different religious laws in civil issues, sanctioned originally to protect the independence of different faiths.  At the last it is a big moral win for BJP, Kudos to Modi for his sincere efforts, which brings smiles to lakhs of women across the county.

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