Published On: Tue, Aug 22nd, 2017

Supreme Court strikes down triple talaq, terms it unconstitutional

New Delhi: The Supreme Court on Tuesday held triple talaq being practised by the Muslim community as “unconstitutional”, “arbitrary” and “not part of Islam”.

Khehar in his judgement urged parliament to pass a law to deal with the issue

A five judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for triple talaq.

Justices Kurien Joseph, Rohinton Fali Nariman and Udey Umesh Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat.

However, Chief Justice JS Khehar and Justice S Abdul 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 implored the political parties to shed their difference and enact a law.

But, justices Joseph, Nariman and Lalit through different reasonings reached the conclusion that triple talaq was unconstitutional.

Justice Joseph said triple talaq was not sanctioned by Quran and hence could not form part of the fundamental right to religion.

He said what is not true in theology cannot be sanctioned by practice or law.

Justices Nariman and Lalit held triple talaq being unconstitutional, and struck down that part of 1937 Sharia Law that allowed it to be recognised practice among Muslims following Hanafi school.

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