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, injuncted Muslim men from pronouncing instant triple talaq for next six months within which he urged the political parties to set aside their difference and help Centre in bringing out a law on triple talaq.
The apex court further referred to the abolition of triple talaq in Islamic countries and asked why not independent India could get rid of the contentious custom.
The SC also expressed hope that the Centre’s legislation will take into account concerns of Muslim bodies and Sharia law.
If the law doesn’t come into force in six months, then SC’s injunction on triple talaq will continue.
Triple talaq is in practice for last 1,400 years but illegal in many Islamic countries.
Notably, the practice has already been described by All India Muslim Personal Law Board (AIMPLB) as “horrendous”, “sinful” and “undesirable” which had no sanction of Holy Quran and Shariat.