Triple talaq stay oderded.
NEW DELHI: In a historic decision, a five-judge constitution bench of the Supreme Court by 3:2 majority struck down triple talaq, or instant divorce, practice as unconstitutional.
Chief Justice J S Khehar and justice S Abdul Nazeer held triple talaq to be part of fundamental right to religion of Muslims and said it was not unconstitutional.
CJI Khehar and Justice Nazeer, even while holding triple talaq to be valid, ordered a stay on this practice for six months to enable legislature bring a law banning this practice.
But, Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq violated the fundamental right of Muslim women as they are subjected to arbitrary irrevocable divorce through this practice.
They said if a legislation banning triple talaq completely is placed before Parliament within six months, the stay on the practice would continue till Parliament enacted or rejected the 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.
NEW DELHI: In a historic decision, a five-judge constitution bench of the Supreme Court by 3:2 majority struck down triple talaq, or instant divorce, practice as unconstitutional.
Chief Justice J S Khehar and justice S Abdul Nazeer held triple talaq to be part of fundamental right to religion of Muslims and said it was not unconstitutional.
CJI Khehar and Justice Nazeer, even while holding triple talaq to be valid, ordered a stay on this practice for six months to enable legislature bring a law banning this practice.
But, Justices Kurian Joseph, R F Nariman and U U Lalit said triple talaq violated the fundamental right of Muslim women as they are subjected to arbitrary irrevocable divorce through this practice.
They said if a legislation banning triple talaq completely is placed before Parliament within six months, the stay on the practice would continue till Parliament enacted or rejected the 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.
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