In a final verdict given by the Supreme Court of India, triple talaq (divorce) has been termed as unconstitutional. The decision passed by the apex court has not only offered respite to many Muslim women but have pronounced judgment enabling women with their fundamental rights. Muslim women of the Indian Union had addressed the issue of them being the victim of triple talaq given by the Muslim men on their own whims and fancies as per the interpretation of the Islam theology.
The situation like giving triple talaq online over Skype and Facebook made the lives of many Muslim women miserable as they had no option than to accept divorce given by their men. This verdict of the apex court will bring an amendment to the Muslim Marriage Act that will abolish the system of giving divorce to the spouses by just saying ‘talaq, talaq and talaq.’ However, it will take a few months time to the Parliament to pass the law in this regard.
Muslim women happy with SC verdict on Triple Talaq
The Indian Muslim women expressed their delight on the SC’s verdict on triple talaq as they were feeling to the have been a victim of the male interpretation of Muslim personal law in India since long. Not only this, many women marched on the roads in gratitude and happiness with the apex court’s verdict in their favor. Even celebrities from Bollywood and cricket including Shabana Azmi, Rishi Kapoor, Mohammad Kaif and many others have welcomed the Supreme Court’s verdict on triple talaq.
SC termed Triple Talaq as unconstitutional
SC terming triple talaq as unconstitutional may have given respite to the Indian Muslim women but there are many Muslim clergies and men who are finding the judgment of the Supreme Court a bit problematic. They think that the things which are not permissible as per the holy book of Islam, Quran, can never permissible in the Constitution.
In the Supreme Court, out of the five judges, three ruled against triple talaq judgment on the basis of providing Muslim women their constitutional and fundamental rights of equality (Article 14) and life (Article 21). Now, it is speculated the conservative part of Indian Muslim community, including the Deoband, will come up against the SC verdict on triple talaq as unconstitutional.
However, Pakistan, which has Islam population in the majority had abolished triple talaq in 1961 via Muslim Family Law Ordinance. The decision of abolishing triple talaq in Pakistan is still discussed amongst the Muslim clergy, strongly after the 1980s.