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India Outlaws Antiquated Instant Divorce Practice

25 August 2017

The Goa Muslims Forum has called the Supreme Court ruling on the triple talaq as a good judgement. "This is the victory of basic Constitutional rights of Muslim women and their right to live with equality", Shah said in a statement.

According to a report in The Hindu newspaper, the All India Muslim Personal Law Board (AIMPLB), which had maintained that the court had no jurisdiction over the matter, convened a meeting to decide what its response should be.

The apex court heard several pleas filed by Muslim women who had challenged the practice of instant triple talaq, where a man divorces his wife by pronouncing the word "talaq" thrice.

He described the judgment as the "beginning of a new epoch for women to live with self-respect".

Heading the SC bench, chief justice JS Khehar and Justice Abdul Nazeer differed from Justices Nariman and Lalit, on the grounds that the court can not interfere in matters of personal laws which are a fundamental right as per the constitution.

"However, the triple talaq issue is being used by some people as a political weapon", said Iftekar Shaikh, president of Goa Muslims Forum.

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Mumbai: Muslim women have welcomed the landmark decision by the Supreme Court which struck down the "triple talaq" practice, holding it "illegal and unconstitutional".

The decision, they said, has given new hope to Muslim women. While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched.

He disagreed with the CJI that there can not be any constitutional protection to triple talaq.

Chief Justice Khehar and Justice S Abdul Nazir argued stating that while triple talaq may be "sinful", courts could not interfere with an Islamic personal law which enjoyed protection under the fundamental rights of the Indian constitution.

Under "talaq ahsan", a Muslim man can divorce his spouse by pronouncing "talaq" once every month in three consecutive months, which would be signified by menstruation cycles.

They urged that before enacting a law, the government must solicit the views and opinion of all sections of the community. In the Shah Bano case, the court merely pushed the government to frame a uniform civil code. I think they are right in saying that this is not an integral part of Islam because there are lot of Islamic countries that do not permit such a practice.

India Outlaws Antiquated Instant Divorce Practice