Putting an end to the 1400-year-old “triple talaq” practice – Finally the answer to Muslim women seeking equality!

Written By: Eesha

 

Life was thoroughly at ease for the Muslim men when they could utter talaq thrice to end their marriage. Triple talaq is the practice, under which a Muslim man can divorce his wife by simply uttering “talaq” three times.

Islam has always considered marriage as more of a contract. Activists have highlighted how annulment of marriage has taken place over phone calls or text messages, and these annulments clearly have no basis. The misemploy of instant triple talaq (a privilege presented only to Muslim men) is not only viewed in poor light in the Quran but is also a compromise on the rights of women.

The constitution bench of the Supreme Court heard seven petitions filed by Muslim women, challenging the 1400-year-old practice of divorce. These men not only divorced their wives but acted upon the decision via Whatsapp.

In response to the inequality taking place, the Supreme Court declared in a majority judgment that the practice of triple talaq or instant annulment is henceforth considered illegal and violates constitutional morality. “In view of the different opinions recorded by a majority of 3:2, the practice of ‘talaq-e-biddat’ is set aside”, a five – judge constitution bench said in 395 – page order. The apex court held that the triple talaq was against the basic tenets of Quran.

The verdict was forthwith welcomed by the government, political parties, activists and the petitioners. Prime Minister Narendra Modi hailed it as ‘historic’ and said it has granted equality to Muslim women.

Triple talaq is a retrograde and unworthy practice. Since it is irreversible, it leads to broken marital ties that are indisputable and creates a gap between men and women born with equal rights. Even the Holy Quran considers this practice as ‘bad’. In that sense, what is bad in theology is bad in law as well.

This verdict will serve as a powerful measure for women empowerment. All India Muslim Women Personal Law Board (AIMWPLB) described the verdict as for either a “moment of big victory”, “big relief”, or as “half the battle won”. The court has given direction to the government to frame a well – built law. This judgment will be the beginning of a new epoch for women to live with self-respect.

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