Supreme Court strikes down Triple talaq with 3:2 majority, asks centre to pass legislation

INDIA-CORRUPTION/

By TwoCircles.net Staff Reporter

The Supreme Court of India, on Tuesday, struck down the practice of Triple talaq practice calling it an ‘unconstitutional’ practice. Of the five member-bench of the Supreme Court hearing the case, three judges passed judgment against the practice, while two judges including Chief Justice of India, JS khehar called it a part of the Constitution.


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Supreme Court has imposed a six-month ban on the practice and has given the center the same time to pass a legislation in the parliament. However, if the center fails to bring the legislation, the injunction will continue.

The judgment hearing started with a confusion when Chief Justice JS Khehar and Justice Abdul Nazeer upheld the practice. Khehar had asked the centre to pass a legislation within these six months and admitted that this practice is by the Islamic laws.

But when it came to three other judges of the bench, i.e, Justices Uday Lalit, Kurian Joseph and Rohinton Fali Nariman, the judges said that Quran does not mention the practice, hence they do not think that this is according to Sharia.

The hearing on the practice was concluded in May 2017 and the court reserved its decision on May 18.

Several Islamic bodies including All India Muslim Personal Law Board have termed the triple talaq practice as a matter of faith. But they also promised the court to spread the information and ask the people to refrain from using this practice.

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