Triple talaq is dead
Triple talaq.A very controversial topic. The highly questionable
practice,under Muslim Personal Law, allowing a man to divorce his wife by
merely repeating the word "Talaq" three times.That's not all. It
could be done over phone, SMS or even by postal letter.
Implausible in modern times, but yes, a bitter fact of life for Muslim
women, that is till today.
After several decades of wrangling,this issue has been finally
laid to rest. Today, the Supreme Court ,in a landmark judgement that was passed by a
judiciary panel representing all major faiths of India (probably to nullify the
possible chance of religious bias), has decreed Triple talaq invalid and
unconstitutional.
The judiciary panel that passed the verdict by a majority of 3:2 |
For women like Shayara Bano(divorced by postal letter),
Zahida(divorced by SMS) and Khadija(divorced on phone), this comes as a moment
of retribution. Shayara Bano, divorced unceremoniously in 2015 by her husband
when she was visiting her parents' house, was instrumental in challenging the
legality before the Supreme Court and thus affecting a judgement that will
affect Muslim society in an unprecedented way.
Shayara Bano after the historical verdict |
Triple talaq was never Islamic. Would it surprise us to know that
even in Islamic countries such as Pakistan, Bangladesh,Iran among
others,triple talaq was already illegal?
Triple talaq was never Islamic |
India's enlightened judiciary, which has been proactive and
impartial in these matters, is to be lauded.Lest it be insinuated that this is
a hyper-feminist victory, we would do well to remember that the same Supreme
Court, in July 2017, passed a judgment to prevent the misuse of Section 498 A
(Contested divorce), a huge victory for many husbands and their families who
were harrassed by their wives in the name of judicial proceedings against
marital cruelty(fictitious in a huge number of cases).The law has to be equal
for everyone, male or female, and divorce CANNOT be used as a harrassing,
humiliating or money-making game.(http://www.livelaw.in/breaking-misuse-of-s-498a-sc-directs-to-form-family-welfare-committees-to-examine-each-cases-no-arrests-before-committees-report-read-new-guidelines)
More on that later. For the moment, I am putting forward some
prominent news articles on the recent judgements regarding triple talaq:
http://www.ndtv.com/india-news/triple-talaq-unconstitutional-says-supreme-court-in-majority-verdict-1740381?pfrom=home-lateststories
http://indianexpress.com/article/india/triple-talaq-verdict-judgment-live-updates-supreme-court-all-india-muslim-board-instant-divorce-centre-polygamy-4807803/
http://www.firstpost.com/india/triple-talaq-verdict-live-supreme-court-to-decide-today-whether-practice-is-constitutionally-valid-3958989.html
http://www.hindustantimes.com/india-news/triple-talaq-case-live-updates-supreme-court-on-muslim-divorce-practice/story-QcNCsaZDkvkgTcWJ02GPcK.html
http://timesofindia.indiatimes.com/india/supreme-court-bars-triple-talaq-for-6-months-until-parliament-legislates-on-issue/articleshow/60170130.cms
http://www.news18.com/news/judiciary/triple-talaq-verdict-live-pm-modi-hails-historic-judgment-says-it-grants-equality-to-muslim-women-1498021.html
http://zeenews.india.com/india/live-updates/triple-talaq-supreme-courts-verdict-live-updates-2035041
The image showing Muslim women celebrating the nullification of
this antiquated law,says it all.This is their moment of victory, for which they
have waited and campaigned for decades.
Muslim women distributing sweets after the verdict |
Campaign against triple talaq |
Triple talaq is dead, for once and for all.A huge relief for
Muslim society, thanks to India's enlightened judiciary.
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