Triple Talak judgement a relief for Muslim women

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The Supreme Court by a 3:2 majority judgment held triple talaq being practised by the Muslim community as "unconstitutional", "arbitrary" and "not part of Islam".

His successor K K Venugopal also welcomed the verdict which upheld the stand of the NDA government, while legal luminary Soli Sorabjee said "it is a progressive judgement which has protected the rights of the women and now no Muslim man can divorce his wife through this method." . "The government will consider the issue in a structured manner", Law Minister Ravi Shankar Prasad said.

Nagpur: The Muslim Personal Law Board will be discussing the Supreme Court's verdict on triple talaq, in a meeting to be held on 10th September.

The landmark court case was filed by five Muslim women who had been divorced in this way and two rights groups.

Muslim men in India previously were allowed to legally divorce their wives instantly by speaking or even writing or typing the Arabic word for "divorce", which is "talaq", three times.

The Supreme court of India made a decision to cancel practice so-called "instant divorce" Muslims, calling it unconstitutional. The fact that global law and theocratic countries have dropped talaq-e-biddat do not matter as biddat is a part of personal law in India and comes under the protection of Article 25, he said.

She also believed that the legislation on the issue could open doors for interference in the Muslim Personal Law.

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Shayara Bano from Uttarakhand had appealed to the SC to declare the triple talaq as unconstitutional.

Welcoming the ruling, Sadiya said, "This has given a new hope for me and lakhs and lakhs of Muslim women".

Chief Justice J.S. Khehar, who is due to retire later this month, was a dissenting voice. She was speaking to Deccan Chronicle on Supreme Court's judgment on instant triple talaq.

He told the government to come up with a new law within six months.

"And a uniform civil code is no guarantee for justice". At a time when most of the Islamic world has banned this practice it is really shocking that this practice prevailed in our country for seven decades after Independence.

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. The Muslim Personal Law can also be amended so long as the provision is not an integral part of the religion.

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