Instant triple talaq unconstitutional |
A five-judge bench of the Supreme Court in a split verdict ruled that the practice of instant triple talaq in the Muslim community is unconstitutional and against the teachings of Islam. The bench, headed by Chief Justice of India J S Khehar, set aside the practice by a majority of 3:2. While CJI Khehar and Justice S Abdul Nazeer upheld the practice of triple talaq, Justices Kurian Joseph, R F Nariman and U U Lalit held that the practice needs to be abolished. CJI Khehar ruled that triple talaq enjoys the status of fundamental rights as it is a part of Muslim personal law. He was in favour of putting the practice aside for a period of six months allowing Parliament to legislate on it. CJI Khehar and Justice Nazeer, in their minority verdict, asked political parties to set aside their differences and introduce a new law on the practice, taking into account concerns of Muslim bodies and the Sharia law. Meanwhile, Justices Joseph, Nariman and Lalit said that triple talaq must be struck down as it goes against the constitution and is unacceptable. Justice Kurian ruled that triple talaq goes against the tenets of the Quran, and hence violates Shariat law.
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