New Delhi, August 22 (IANS) The Supreme Court on Tuesday held triple talaq being practised by the Muslim community as "unconstitutional", "arbitrary" and "not part of Islam".
A five judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for triple talaq.
Justices Kurian Joseph, Rohinton Fali Nariman and Uday Umesh Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat.
However, Chief Justice J.S. Khehar and Justice S. Abdul Nazir, in a minority judgment, said triple talaq is integral to Islamic practices and enjoys constitutional protection.
Khehar in his judgement urged parliament to pass a law to deal with the issue.
He, however, injuncted Muslim men from pronouncing instant triple talaq for next six months within which he implored the political parties to shed their difference and enact a law.
Amit Shah hails SC ruling on triple talaq
New Delhi (IANS) BJP President Amit Shah on Tuesday hailed the Supreme Court ruling on triple talaq as "historic" and said it was a victory for Muslim women and their right to live with dignity.
"I welcome this historical decision... This judgement is not about anyone's victory or defeat. This is the victory of basic Constitutional rights of Muslim women and their right to live with equality," Shah said in a statement.
Shah said that by declaring triple talaq as "unconstitutional", the Supreme Court had given crores of Muslim women the right to live with self respect.
"It is the beginning of new era for the Muslim women to live with self respect and equality. The BJP welcomes the rights given to the Muslim women and sees it as a step forward towards a new India," he said.
He hailed Prime Minister Narendra Modi and his government for effectively presenting the case of Muslim women in the apex court.
Congress welcomes triple talaq ruling,
hopes it is accepted by all
New Delhi, (IANS) The Congress on Tuesday welcomed the Supreme Court ruling on triple talaq, terming it an affirmation of the rights of women and hoped all the parties would be satisfied with the verdict.
"A Constitution Bench of the Supreme Court has set aside and quashed the practice of ‘instant triple talaq'or ‘talaq-e-bidat', which by itself was an aberration and adulteration of ‘talaq', thereby recognizing the pristine form of religious practice in Islam that abhors any exploitation," said Congress spokesperson Randeep Singh Surjewala.
"This verdict is an affirmation of the rights of women and gives relief to them against being subjected to discrimination by a practice that had been perverted over the years. We welcome the acceptance of this reality by the Court and we welcome the verdict of the Supreme Court," he added.
Surjewala said that several interveners, including Amicus Curiae and the Muslim Personal Law Board, had pleaded before the Supreme Court against the practice on the ground that it deviated from the practice prescribed by Islamic law and has no sanction either in the Quran or Hadith, the two main sources of Islamic jurisprudence.
"The court itself by a majority of 3:2 has also upheld the fact that personal law of communities are protected under Article 25 of the Constitution and cannot always be strictly tested under Chapter III of the Constitution," he added.
"Even the Muslim Personal Law Board had pleaded before the Supreme Court that the practice of ‘instant triple talaq' is per se wrong. Supreme Court's verdict is a culmination and acceptance of this wider wisdom as also recognition of the rights of the Muslim women. We welcome the same."
The Congress leader pointed out that earlier the party had said that it would await the decision of the Supreme Court and that should be acceptable to everyone.
"The court has decided fairly and adequately and it should be accepted by all," he said.
He added: "The decision has reinforced the rights of Muslim women, who were its victims for centuries. We hope after this decision all the parties will be satisfied and the controversy will end."
