Judgment on the legality of 'triple talaq' on Aug 22 by Supreme Court

By Nimrat Kaur -- August 21, 2017 7:08 pm -- Updated:Feb 15, 2021

Supreme Court will give its judgement on the legality of the Islamic personal law practice of Triple Talaq on August 22.

A five-judge Supreme Court Bench, headed by Chief Justice of India J.S. Khehar will take the decision, and also state whether it is violative of the fundamental and human rights of gender equality and dignity of Muslim women.

In a rare move the Supreme Court registered a suo motu public interest litigation (PIL) petition titled ‘In Re: Muslim Women’s Quest for Equality’ to examine if arbitrary divorce, polygamy and nikah halala violate women's dignity.

“Muslim women want to have a life equal to that of another woman, say a Christian or a Hindu wife," the government had argued in court.

The Centre said that, it promised to bring a new divorce law for Muslim men in case the court strikes down the three forms of 'talaq' — 'Ahsan, Hasan and Biddat'.

''Where will Muslim men go for divorce if you [court] strike down 'talaq' and Parliament refuses to pass a new law?'', the AIMPLB asked.

A Muslim bride at the time of the wedding, should be allowed to put forward a condition in the 'nikah nama' that she would not be subjected to instant 'talaq' in case a marriage hits a rough patch, Justice Kurian Joseph, a judge on the Constitution Bench suggested.

AIMPLB days later filed an affidavit informing that they would issue a public advisory to 'qazis' to advise bridegrooms against instant 'talaq' and also add a condition in the 'nikah nama' to exclude instant 'talaq'.

AIMPLB even threatened social boycott of Muslim men who resort to instant 'talaq'.

-PTC News

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