What is Triple Talaq?
Triple Talaq is a Muslim practice of divorce mentioned in their religious scripture (Quran). But after formation of 1937 Shariat Act Law, Muslim men could take instant divorce from their wife using this muslim law and bound to give Mehr amount to wife and 3 months of maintenance according to Indian Muslim Women Protection and Divorce act 1986. After independence there are thousands of case were reported related to this incident. In last few years there are some cases came into picture where this procedure has misused on large scale in Indian Muslim community. Some Muslim women reported that there husband taking divorce by texting on Whatsapp, By sending a letter, sending an email or some unethical ways. Along with the government some Muslim scholars also condemned this practice of instant talaq since it was not part of holy Quran. In the time of British rule, Britishers created an organization All India Muslim Personal Law Board and Shariat Act after which this practice started in the community.
Muslim women appealed to the court to stop such practice because they feel that this is against Quran and also against human rights. Indian government also cleared there stand on Triple Talaq and considered it as a violation of Indian muslim women rights.
Issue of triple talaq went to the Supreme Court and after long judicial procedure, Court found this practice against Quran and banned Instant triple talaq in India. We want to make it very clear that ideal Triple Talaq is still in practice only Instant Triple Talaq is banned. According to Quran Triple talaq is 3 month of procedure where husband and wife can be mingle within these 3 months of period but after the implementation of Shariat Act it becomes instant way of divorce.
The 5 Judges bench of Justice Khehar, Justices Kurian Joseph, Rohinton Fali Nariman and Uday U. Lalit has given this verdict with 3/2 majority and asked central government to make law to stop further mis-happening in society. Court also mentioned that this practice is banned in more than 22 muslim countries including our neighbor Pakistan and Bangladesh as well.
After this verdict there were many Indian Muslim women welcomed this judgement and celebrated this day where few leaders and scholar are against this verdict. We found many peoples on twitter giving their reaction after this verdict. Till now there is no legitimate law is ready to handle such cases that’s why these incidents are still raising in the society. Find out peoples reactions in following tweets.
This case was started on 16th October 2015 when Supreme Court said to CJO to set a bench of judges to investigate this issue where partiality is happening with Muslim Women in the name of Triple Talaq. After this, on 16th February Supreme Court formed 5 judged bench to listen this case.
The hearing of this case was started on 11th of May 2017. After listening the arguments of both sides . Judges were saved their verdict on 18th May 2017. On 22nd August 2017 court declared this practice unconstitutional and violation of Article 14 and stopped this practice for 6 months and told government to create law within this time period.