Triple talaq unconstitutional, rules Supreme Court

muslim-woman-reuters Representational image | File

Asks government to come out with a legislation in 6 months

A constitution bench of the Supreme Court of India on Tuesday declared triple talaq, the practise of divorce among Muslims, as unconstitutional by a 3:2 majority. The Supreme Court has also asked the Union government to formulate a new legislation within six months in this regard.

The apex court reportedly referred to the abolition of triple talaq in Islamic countries and asked "why can't independent India get rid of it?" The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning.

Terming the practice of divorce through triple talaq as "void", "illegal" and "unconstitutional", the bench ruled that triple talaq is against the basic tenets of the Quran. While Chief Justice J.S. Khehar and Justice S. Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq, asking the government to come out with a law in this regard, Justices Kurian Joseph, R.F. Nariman and U.U. Lalit held it as violative of the Constitution. 

CJI Khehar further asked all parties to come to a solution on triple talaq keeping politics aside. 

The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing. During the hearing, the Centre had assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.

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