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India's supreme court bans Islamic instant divorce

2017-08-22 14:28:05
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India’s top court has banned a controversial Islamic practice that allows men to divorce their wives instantly, saying it was unconstitutional.

Victims of the practice known as “triple talaq”, whereby Muslim men can divorce their wives by reciting the word talaq (divorce) three times, had approached the supreme court to ask for a ban.

Triple talaq “is not integral to religious practice and violates constitutional morality”, a panel of judges said.

“It’s a very happy day for us. It’s a historic day,” said Zakia Soman, the co-founder of the Indian Muslim Women’s Movement, which was part of the legal battle to end the practice.

“We, the Muslim women, are entitled to justice from the courts as well as the legislature,” she added.

The five supreme court judges were from India’s major faiths – Hinduism, Christianity, Islam, Sikhism and Zoroastrianism. In their ruling, they said it was “manifestly arbitrary” to allow a man to “break down [a] marriage whimsically and capriciously”.

“What is sinful under religion cannot be valid under law,” they said.

The practice had been challenged in lower courts but it was the first time India’s supreme court had considered whether triple talaq was legal.

India allows religious institutions to govern matters of marriage, divorce and property inheritance in the multi-faith nation, enshrining triple talaq as a legal avenue for its 180 million Muslims to end unions.

More than 20 Muslim countries, including neighbouring Pakistan and Bangladesh, have banned the practice while in India, the practice has continued. While most Hindu personal law has been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched.

The Hindu nationalist government of the prime minister, Narendra Modi, had backed the petitioners in this landmark case, declaring triple talaq unconstitutional and discriminatory against women. Modi’s Bharatiya Janata party has long pushed for a uniform civil code, governing Indians of all religions, to be enforced.

The issue remains highly sensitive in India, where religious tensions often lead to violence.

The All India Muslim Personal Law Board (AIMPLB), a grouping of Islamic organisations, had told the court that while they considered the practice of triple talaq wrong, they opposed any court intervention and asked that the matter be left to the community to tackle.

Progressive Muslim activists had criticised the board’s position. “This is the demand of ordinary Muslim women for over 70 years and it’s time for this country to hear their voices,” activist Feroze Mithiborwala told New Delhi television station.

Some Islamic scholars say there is no mention of triple talaq in the Qur’an, which instead details a different process for divorce based on mediation.(The Guardian)


  Comments - 27

  • SAM SPARROW Tuesday, 22 August 2017 14:54

    What about in our wonder of Asia? Any talaq talaq talaq?

    Reply : 6       46

    sarath Wednesday, 23 August 2017 02:38

    What I heard was in Si Lanka its worse - man can just divorce without reason but can escape without paying compensation where Man supposes to make the payment for divorce without a reason. Even though it was in Sharia law it was not included in the Sri Lankan Muslim Marriage and Divorce Act . Men escape very easly in Sri Lanka than India

    Reply : 4       6

    perera Wednesday, 23 August 2017 04:09

    more like b0l0cks b0l0cks b0l0cks

    Reply : 1       3

    mohamed Wednesday, 23 August 2017 05:04

    Kazi play games and support men. Some take money from man and mislead women . There was case Kazi enabled accused (man) to know all the loop wholes of the system so that man can escape or reach him with bribe

    Reply : 2       6

    ceylon Tuesday, 22 August 2017 15:12

    humans are from jungles.some of jungle rules still practising in many parts of world. via DM Android App

    Reply : 4       41

    Kaboos Tuesday, 22 August 2017 15:19

    It is big news for Sri Lankan Muslims women. Will Sri Lanka judiciary follow same steps.

    Reply : 2       36

    axe Tuesday, 22 August 2017 15:44

    Triple talaq means ...not at once. It give men to decide certain time. Within the talaq period many changes possible. It witnessed that so many device plans changed and living happily together long life. via DM Android App

    Reply : 49       8

    Ahamed Tuesday, 22 August 2017 15:55

    It should be banned. There is no such thing as instant triple talaq in Islam.

    Reply : 2       52

    ANTON Tuesday, 22 August 2017 16:40

    FIRST HUMAN WENT AGAINST THESE BRUTAL LAWS WAS JESUS CHRIST , THE GREAT JEW , THIS IS THE MAIN REASON WHY HE WAS CRUCIFIED. ....... BUT TODAY JEWS OF ISRAEL HAS BECOME A THREAT TO WHOLE MUSLIM WORLD

    Reply : 28       13

    Kumar Tuesday, 22 August 2017 17:28

    Anton,read the history.Jesus Christ was arrested by the occupying Roman army soldiers as an agitater against occupation and crucified with other criminals.He became famous only after his death.

    Reply : 10       15

    Lalith Perera Tuesday, 22 August 2017 17:45

    Are you sure?

    Reply : 2       9

    Jayasuriya Tuesday, 22 August 2017 16:46

    Hahahah what kind of divorce is that, Talaq Talaq Talaq and game over.. There is no such thing in Islam, What refers to Triple Talaq is Men are allowed to make a decision in 3 periodic instances on an event of a conflict between his/her spouse to minimize such separations. Not Talaq Talaq Talaq on the same day and go home...

    Reply : 2       30

    Asoka Tuesday, 22 August 2017 16:48

    I wanted to get rid of my wife and shouted talaq, talaq, talaq three times...and i got a thundering slap for that and asked to get circumcised first...i donno why they can't understand the freedom of a man...!

    Reply : 2       34

    Rafi Tuesday, 22 August 2017 16:52

    I checked with several people. Islam does not have such instant divorce. There is only instant noodles.3 Talaq mean 1st Talak and then minimum 3 must needed for 2nd Talaq and finally after another 3 months for final Talaq..

    Reply : 5       21

    CORRECT Tuesday, 22 August 2017 18:30

    You are correct - this is what happens in our Quazi courts.

    Reply : 0       12

    Independent Wednesday, 23 August 2017 07:55

    Do the muslim women also have the same rights?

    Reply : 0       6

    Rasheed Tuesday, 22 August 2017 17:06

    Muslim Marriage and Divorce Law in Sri Lanka too need amendments. Specially women are at the receiving end.

    Reply : 4       24

    iemerald Wednesday, 23 August 2017 04:15

    not just sri lanka but the whole frigging world. however no such chance as these people are still living in the 5th century with 5th century mentality and customs. have not come to this century yet. probably never will.

    Reply : 4       10

    Sincere Tuesday, 22 August 2017 17:44

    "What God has put together, let no man asunder"

    Reply : 11       6

    ceylon Tuesday, 22 August 2017 17:51

    too good but too late. via DM Android App

    Reply : 2       5

    GH Tuesday, 22 August 2017 23:34

    Al-Qur'an never mentioned such a system of Talaq..Talaq..Talaq divorce in Islamic law. This very system has been a seeming man (Qazi) made. A consecutive period needed for tri-talaq. Common government justice system should be followed and separate Moslem Qazi appointments should be banned/eliminated in Sri Lanka. Moslem Qazis are very often practicing CORRUPT.

    Reply : 1       6

    Casanova Tuesday, 22 August 2017 23:38

    Have many flings as possible, all you need is a SIM change, game over.

    Reply : 0       3

    lokka Tuesday, 22 August 2017 23:42

    there should be one law for every community shouldn't be divide to the certain community

    Reply : 1       7

    Hautaum Wednesday, 23 August 2017 03:41

    Wants unique law for women all over the world

    Reply : 0       5

    vithura Wednesday, 23 August 2017 04:29

    This and other similar moronic Islamic practices which deny basic human rights of individuals, such as FGM, MGM and wearing of burka should be banned in non-Islamic countries.

    Reply : 8       10

    dulan Wednesday, 23 August 2017 08:47

    Current Islamic laws permits a man to divorce a woman pretty easily. (not by chanting 3 Talaq's) . This has been stopped and they too have to follow normal laws which gives women a fair chance and compensation.

    Reply : 1       2

    Mewan Wednesday, 23 August 2017 09:30

    There should not be a Muslim law, Christian law or Buddhist law. It should be the country's law above all of them. Abolish Sri Lankan Muslim Marriage and Divorce Act.

    Reply : 3       9

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