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HomeNewsIndiaSupreme Court to deliver landmark verdict on triple talaq today: All you need to know

Supreme Court to deliver landmark verdict on triple talaq today: All you need to know

A five-judge constitution bench headed by Chief Justice JS Khehar had in May reserved its verdict following a six-day hearing.

August 22, 2017 / 10:28 IST

The Supreme Court is set to deliver its much-awaited verdict on the contentious triple talaq issue on Tuesday.

A five-judge constitution bench headed by Chief Justice JS Khehar had in May reserved its verdict following a six-day hearing.

The petitioners had claimed that the practice of triple talaq was unconstitutional.

Here's all you need to know about 'Triple Talaq' and the issue:

What is Triple Talaq?

According to Muslim practices, there are three forms of 'talaq' (divorce) - Ahsan, Hasan and Talaq-e-Biddat (instant talaq). While Ahsan and Hasan are revocable, divorcing through the Biddat form is irrevocable.

A Muslim man can divorce his wife by pronouncing the word "talaq" three times orally, in a written format or delivered electronically by a phone call, SMS or via social media.

The divorce is considered legal and the husband need not cite any reason for the divorce while pronouncing it.

Usually, a waiting period is recommended before pronouncement of each 'talaq' every time. Reconciliation is attempted during this period.

However, it has now become very common for all three 'talaq' pronouncements to happen in one go. A Muslim woman, however, cannot divorce her husband using by means of triple talaq. While the practice is not recommended, it is not prohibited either.


 

What is the case about?

In October 2015, the Supreme Court of India, in a rare move, questioned whether the Muslim personal law practices regarding marriage and divorce objectify women.

The court then took up suo moto cognisance public interest litigation (PIL) petition titled ‘In Re: Muslim Women’s Quest for Equality’ to examine whether the practices of arbitrary divorce, polygamy and Nikah Halala (in which a Muslim divorced woman marries another man and divorces him in order get re-married to her former husband) violate women’s dignity.

In May, the court announced that it would only examine whether triple talaq was part of an "enforceable" fundamental right to practice religion by the Muslims and not touch upon other areas such as polygamy.

The All India Muslim Personal Law Board (AIMPLB) has said the top court should not tinker with the Muslim Personal Law and leave reforms to the community instead.

The Centre said triple talaq is not fundamental to Islam. The government also promised to come up with regulations for marriages and divorces among Muslims, in an event where the apex court strikes down triple talaq.

How does it matter?

According to the Board, triple talaq has been practised by Muslims for the past 1,400 years. Muslim women form almost eight percent of India's population.

first published: Aug 22, 2017 09:18 am

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