SC decision on triple talaq highlights: BJP claims credit for judgement, says political will led to decisive ruling

Auto Refresh Feeds
SC decision on triple talaq highlights: BJP claims credit for judgement, says political will led to decisive ruling
  • 20:07 (IST)

    Amnesty welcomes SC verdict, says 'step forward' for women's rights

    Amnesty International India on Tuesday welcomed the Supreme Court verdict striking down the practice of triple talaq among Muslims as a step forward for women's rights in India.

    After the apex court declared talaq-e-biddat unconstitutional, Asmita Basu at Amnesty India said: "We welcome the Supreme Court judgment. Triple talaq is a discriminatory practice that violates women's right to equality, and has devastated the lives of many Muslim women.

  • 19:57 (IST)

    Post triple talaq verdict, activists focus on Section 377, marital rape

    As the Supreme Court on Tuesday banned instant triple talaq, activists urged the apex court to also take steps to decriminalise homosexuality and penalise marital rape.

    The triple talaq verdict should open people's minds to more progressive laws, gay rights activist Harish Iyer said.

    "Any step in the direction of liberty for the most marginalised should be seen as a wave that all allied causes could ride on. The verdict should open our minds to more progressive laws, including on Section 377," Iyer said. PTI

  • Judgement favourable but concrete law need of the hour

    "The judgement is favourable but the government needs to implement a concrete law to lay down the punishment that will be handed out to the offenders. Unless that is in place, I consider this a 'half-victory'. The law should be framed without any interference of political ideologies and must take effect urgently."  

  • 19:39 (IST)

    The first rally held against triple talaq was in 1966

    This march towards the Mantralaya, held on 18 April, 1966, marked the first steps taken towards safeguarding Muslim women’s rights and was the beginning of the social justice movement against triple talaq.

    Photo courtesy: Janata Dal Secular Party

  • 19:32 (IST)

    The Forgotten Case of Bilquees Akhtar 

    The case of Mohammad Naseem Bhat vs Bilquees Akhtar heard by Justice Hasnain Masoodi is an infrequently told story of a Muslim wife's claim for maintenance against her husband.

    Bhat and Akhtar got married in August 2002 and had a daughter. The marriage failed and Bilquees started living separately with her daughter. In January 2006, she filed a claim for maintenance for herself and her daughter. She alleged that her husband ill-treated her, mainly because she had given birth to a girl child. The husband held that he had divorced her more than a month before the child was born, and hence she wasn't entitled to any maintenance.

    The lower court accepted the man's divorce plea and rejected Akhtar's claim of maintenance for herself. Thus, he was directed to pay a monthly amount only towards his daughter.

    Shabnam Lone, who was appointed by the High Court of Jammu and Kashmir as amicus on behalf of the lady in 2014 told Firstpost that this is a great day for women. "It's a split verdict but the majority's will shall prevail. The Muslim Personal Law Board has no statutory powers. It's just a 'billionaire's club'. The prophet detested the concept of divorce and they are going against the prophet's words. Triple talaq was against the self worth of women and it is certainly not what the prophet ordained."

  • 19:25 (IST)

    Pakistan, Egypt among 19 other countries that have abolished triple talaq

    The Supreme Court, in its judgment declaring instant triple talaq as unconstitutional, has cited laws from 19 countries including Pakistan and Egypt which have abolished the practice.

    The judgment has drawn upon the book "Muslim Law in India and Abroad" by Tahir Mahmood and Saif Mahmood and has categorised countries that have done away with 'talaq-e-biddat' as Arab States, Southeast Asian States, and the Subcontinental States. 

    The Arab states that have laws against instant triple talaq include Algeria, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Sudan, Syria, Tunisia, United Arab Emirates and Yemen. IANS

  • 19:08 (IST)

    AIMPLB's failure to address issues sealed triple talaq's fate

    Shahi Imam of Delhi's Jama Masjid Syed Ahmed Bukhari on Tuesday said the issue of triple talaq would not have reached the Supreme Court, had the All India Muslim Personal Law Board (AIMPLB) not failed to address the problems of women "wronged" by the divorce practice.

    Bukhari said the stand of the AIMPLB, which "considers itself as a custodian" of the matters related to civil issues of the Muslim community in the country, was ambivalent in the matter of triple talaq.

    "Why did the Muslim Law Board not act? This is why these women (the petitioners) had to approach the court. The Muslim Law Board first told the court that it would issue an advisory in the marriage contract to avoid this practice. Then, it said it would socially boycott those who resort to this practice," Bukhari told PTI. PTI

  • 18:49 (IST)

    Triple talaq was a distortion of original Quranic principles, says P Chidambaram

    Senior Congress leader P Chidambaram on Tuesday welcomed the Supreme Court judgement on 'triple talaq', saying the majority judgement is a resounding affirmation of gender justice and of equality of spouses.
     

    Reacting to the apex court judgement, the former Union minister, himself a senior lawyer, said in a tweet: "Triple talaq was a distortion of original Quranic legal principles. Good it has been declared unconstitutional."  IANS

  • 18:35 (IST)

    Rahul Gandhi congratulates women who fought against triple talaq

  • 18:35 (IST)

    Law should be same in bringing justice to women, says Speaker Sumitra Mahajan

  • 18:21 (IST)

    Petitioner Zakia Soman says argument was backed by Quran verses

    According to NDTV, Zakia Soman of the BMMA, one of the petitioners said, "We have reproduced verses from the Quran about talaq, negotiations and how it should happen over a minimum period of 90 days. The second argument is about gender justice. There is no ambiguity in the Constitution of India about all citizens having equal rights."

    "We, the Muslim women, are entitled to justice from the courts as well as the legislature," she added.

  • 18:14 (IST)

    VHP demands new law after historic verdict

    VHP's international working president Pravin Togadia said the government should enact a law against triple talaq to ensure justice to Muslim women and to the nation's tax payers.

    A law should also be drafted for banning more than two children and ushering in the common civil code, he added in a statement. PTI

  • 18:08 (IST)

    BJP MP Meenakshi Lekhi  says 'political will' of BJP led to SC judgment

    BJP MP Meenakshi Lekhi on Tuesday hailed the Narendra Modi government for supporting Muslim women in their quest for freedom from triple talaq, which was today outlawed by the Supreme Court.

    Welcoming the verdict of the top court, Lekhi said the "political will" of the NDA government has led to the judgement, otherwise, the fate of this case could have been the same as that of the 1985 judgement in the Shah Bano case. PTI

  • 18:04 (IST)

    'It’s not that men alone have the right to divorce'

    "Divorces are few, but when they do happen, it's almost an equal number of men and women who are seeking to end marriages. It’s not that men alone have the right to divorce," says Tariq Ahmad Ahmadiyya, spokesperson of Ahmadiyya Muslim Ja’amat, India. Read more here.

  • 17:57 (IST)

    Landmark Triple talaq verdict won't make a difference for women's rights till men can divorce women unilaterally

    The decision striking down instant triple talaq is a milestone in the life of the poorer sections of Muslim women who are the worst sufferers and don't have the economic means to go to court. However, the other form of triple talaq will continue to remain valid — which will be welcomed by Islamic clerics. This means the Muslim husband will continue to have his Sharia-based right to unilaterally divorce a wife.

    The unilateral divorce by a Muslim husband happens because Muslim husbands are not permitted to go to court to effect divorce — and also because the right of divorce in Islam belongs to the husband, not to the wife. Accordingly, a Muslim wife in India can seek, not give, divorce either through a court or through Islamic clerics.

    Read more here

  • 17:36 (IST)

     Justice half done, way forward is legislation in line with Sharia laws, says petitioners
     
     
    Some women petitioners opined that the victory in its true sense would be achieved once a law comes into force, making the practice punishable.
     
     
    Farah Faiz, Zakia Suman, Noorjehan Niaz and the All India Muslim Women Personal Law Board (AIMWPLB) either described the verdict as a "moment of big victory," "big relief" or as "half the battle won."
     
     
    "The court has given a direction to the government to frame a law. We have won half the battle. We will be victorious in the true sense only once the law is framed so as to make this practice punishable. There is no remedy for women against the practice till a law is framed," Faiz said. 
     
     
    "Now, Muslim women will be able to enjoy their fundamental rights and have a codified law that will guarantee them their fundamental rights. Just like the Hindu personal law which has legal backing, the law for muslims should have the same," Niaz said.

  • 17:31 (IST)

    Parliament must frame new law respecting the heterogeneity in Muslim society

    "The AIMBLB does not represent the diverse Sunni Islamic religious practices and beliefs. Almost 90% of Indian Muslims are Sunni Hanafi, and the rest 10 percent consist of Shafais, and Ahle – Hadees. Shafais endorse the Hanafi stance on this issue that triple talaq in one-go constitutes effective Talaq. However, the sweeping generalisation does not take into account the religious position of Ahle-Hadees, a Sunni sect, which does not follow the practice of triple talaq."

    Read more here

  • 17:06 (IST)

    Crusaders of women's rights: Meet the petitioners in triple talaq case

    Muslim women, who had knocked the doors of the Supreme Court opposing triple talaq, today rejoiced at the historic judgement striking down the practice, saying they have emerged "victorious" and now feel protected. Apart from to women's rights groups, five individuals who were given instant talaq were amid the petitioners. Union Minister Ravi Shankar Prasad has also hailed the courage of these women for taking ahead the fight for Muslim women's rights

    • Shayara Bano - Divorced by husband after 15 years of marriage
    • Aafreen rehman - Suffered instant talaq through a letter from her husband
    • Gulshan Parveen - Recieved talaqnama on Rs 10 stamp paper
    • Ishrat Jahan - Husband divorced her over phone after 15 years of marriage
    • Atiya Sabri - Recieved divorce notice through speed post

  • 16:38 (IST)

    What was the two dissenting judges' objection to the triple talaq judgement?

    We have been reading all along that the Supreme Court ruling was not a unanimous judgment and two judges, including the Chief Justice of India, differed from the majority ruling. But what was Justice JS Khehar's objection? Take a look at the key objections raised by the CJI. 

    • The CJI was of the view that triple talaq is integral to Islam in India and part of personal law, while majority judgment ruled instant talaq as un-Islamic. 
    • CJI said that triple talaq does not violate Articles 14, 15 and 21 which are sanctions against state action, therefore it wasn't unconstitutional. 
    • The dissenting judges, however, said that since the practice is not present even in theocratic Muslim States, GOI must frame appropriate law in this regard.

  • 16:19 (IST)

    SC verdict victory for all who think personal laws should be progressive as well: Arun Jaitley

    Jaitley hoped that after SC judgement on triple talaq, aberrations in personal laws which infringe constitutional guarantees can be rectified. 

  • 16:00 (IST)

    Govt was trying to use judiciary as shield on triple talaq issue, alleges NCP

    The Nationalist Congress Party (NCP) today claimed the Supreme Court's verdict on triple talaq is a blow to the "plans" of the government of "using the judiciary as a shield" on the issue.

     "They (government) did not want to lose a section of their vote bank by taking a decision over this contentious issue. Thus, they were seeking an escape route using the judiciary as a shield. But, the Supreme Court has dealt a blow to their plans," NCP spokesperson Nawab Malik said.

  • 16:00 (IST)

    BSP hails triple talaq judgment

  • 15:45 (IST)

    View form the Valley: Congress says verdict paves way for implementing RSS agenda in J&K

    Congress Vice president, Ghulam Nabi Monga said that the Supreme Court verdict on triple talaq paves way for the  further encroachment on the Islamic laws in only Muslim majority state of country. He told Firstpost that the Supreme Court has asked that a law should be brought in parliament over triple talaq which would only further encroach on the political rights of the people of Jammu and Kashmir. He said that the PDP-BJP government will follow the RSS agenda of extending the law to the state through Presidential Order which was done to extend GST to the state. 

    (Report by Ishfaq Naseem)

  • How triple talaq, an exceptional rule, seeped into Sharia law?

    In Quran, the prescribed method for triple talaq is that the man pronounces the word talaq three times over the course of three months. In this way, he has the option to retract his statement twice before he finally decides on a separation. This is done to ensure that divorce isn’t happening in a fit of momentous rage and is a well thought out decission.

    Then a different view of divorce was taken by the second Caliph, ‘Umar ibn al-Khattab. In the Prophet’s lifetime, three utterances of talaq on one occasion used to be taken together as only one utterance. Then it occurred to Umar ibn al-Khattab that if men wanted to rush into divorce then why shouldn’t rules be imposed on them to bind them to a final divorce on the utterance of talaq three times in a row. It was then that he proceeded to impose such a rule.

    This act on the part of the second Caliph, that ran against the principles of the Qur’an and Sunnah, did not in any way change the law of the shariah. To think that this led to any revision of Islamic law would be to misunderstand the situation: the Caliph’s order merely constituted an exception to the rule, and was, moreover, of a temporary nature. He also started the practice of whipping the back of the man who wanted triple talaq.

  • 14:53 (IST)

    Need to go beyond triple talaq, abolish Sharia law: Taslima Nasreen

    Bangladeshi author Taslima Nasreen hailed the Supreme Court of India verdict invalidating triple talaq. She said that the judgement was "definitely not women's freedom" there was need to go beyond by doing away with "1400 yrs old Quranic laws".

    In a series of tweets, Nasreen said: "Why only triple talaq? Whole Islamic law or Sharia law should be abolished. All religious laws should be abolished for the sake of humanity." "Religions including religious laws and rituals are anti-women. Period," she said. 

    The writer, known for her atheist views, said: "Triple talaq is not in the Quran. Is it the reason for it to go? There are many injustices and inequalities in the Quran. Should they stay," she asked. 

  • 14:42 (IST)

    SC verdict on triple talaq signifies nation's progress: ASG

    The landmark verdict of the apex court setting aside the practice triple talaq among Muslims, "speaks volume about the progress of the nation", Additional Solicitor General Pinky Anand said. 

    "What is extremely important is the finding that all citizens have fundamental rights to life, liberty, dignity and equality and these inalienable rights are uncompromisable," she added.

  • 14:29 (IST)

    Arif Mohammad Khan slams conservative elements in Islam

  • 14:26 (IST)

    Arif Mohammad Khan praises Modi government 

    Arif Mohammad Khan, the man who opposed Rajiv Gandhi during the Shah Bano case in the 80s praised the Modi government for its resolve in delegitimising triple talaq. 

  • 14:24 (IST)

    Triple talaq is illegal in these countries

  • 14:19 (IST)

    PDP says no objection to SC verdict 

    Ruling Peoples Democratic Party (PDP) leader and MLA Baramulla,  Javid Beg, said that there should be no objection to the extension of Supreme Court verdict to Jammu and Kashmir on triple talaq. He said that those parties decrying that Islam has come in danger after the verdict are only doing vote bank politics. He said that India has only joined the other Muslim countries in scrapping this dirty practice. Beg said that there is a provision for reconciliation in Islam and in case they fail in marriage then only divorce is to be followed as a last resort. 

    Ishaq Naseem

  • 14:12 (IST)

    Legal minds involved in case hail verdict 

    Amit Singh Chadha, who fought Shayara Bano's case, told News18, "The biggest victory is that it has been deemed unconstitutional. No man can divorce his wife in this way. Its a detailed judgment."

    Pinky Anand, Additional Solicitor General , who represented Centre in this case, said, "Indeed a landmark day. This goes on to be one of top most landmark judgments of all times. The court has given a detailed judgment taking into account all aspects. Ultimately, triple talaq as a practice has been deemed unconstitutional. It's also observed that this is not part of the foundational Quranic law. Something which is itself not accepted in religious texts had to be done away with.

    Indira Jaisingh, who represented Bebaq (another petitioner in the case) said that the judgment goes on to uphold the basic right to equality for all women. "The minority judgment failed to understand what is religion and what is not religion. The highlight of today's judgment is that differentiation has been made on what is not accepted by the personal law board itself which has called triple talaq sinful," Jaisingh told News18. 

  • 14:02 (IST)

    Sena MP appeals Muslim leaders to accept SC verdict on triple talaq
     
     
    Shiv Sena MP Sanjay Raut appealed to Muslim leaders to welcome the Supreme Court's verdict on triple talaq and use it to lay the foundation of a secure future for women from the community.
     
     
    The senior Sena leader said nobody should see the apex court's verdict through the "prism of religion".
     
     
    The Supreme Court today set aside the practice of divorce through triple talaq among Muslims, saying the practice was void, illegal and unconstitutional.
     
     
    "This decision will help the country as a whole. We appeal to all Muslim leaders to welcome this decision and use this verdict to lay the foundation of a secure future for Muslim women so that the whole community benefits," Sena MP Sanjay Raut told PTI.
     
     
    "We welcome this verdict, which is in the interest of all Muslim women in the country, who were terrorised by the practice of triple talaq. All these women will breathe a sigh of relief now," Raut said.
     
    PTI
     

  • 13:59 (IST)

  • 13:57 (IST)

    Verdict is a bold move but ball is now in Centre's court

    "The verdict comes as a bold move on the part of judiciary in upholding women rights and the need for equality despite constant and vehement protests from various fronts and fundamentalist Muslim bodies like the All India Muslim Personal Law Board. It illuminates the hope that Muslim women will no more be subjected to arbitrary triple talaq by their husbands in the garb of exercising a religious right. Also, the next move is much awaited to see how the Govt responds to the Court’s direction to draft and frame a law Talaq, which will have a major bearing on the numerous Muslim women of this country," Shant Berwal, CEO & Founder, Legal Resolved said.

  • 13:47 (IST)

    Triple talaq an impediment to India's growth, says Shivraj Singh Chouhan

  • 13:41 (IST)

    Historian Ramchandra Guha calls practice 'obnoxious'

  • 13:36 (IST)

    Congress welcomes SC ruling

  • 13:35 (IST)

    Congress leader Kapil Sibal hails judgment

  • 13:34 (IST)

    Ex-Attorney General says he is happy to have taken up this case

  • 13:32 (IST)

  • 13:28 (IST)

    A timeline of the triple talaq petitions

  • 13:27 (IST)

    Former Union minister Salman Khurshid calls it 'good decision'

    Former Union Minister Salman Khurshid told The Indian Express, “What we hoped to happen has now happened, it is a good decision.” He was allowed by the SC to assist it as amicus curiae. During the hearing, he had told the SC that instant triple talaq “cannot be justified or given legal validity”. 

  • 13:22 (IST)

    All India Muslim Women Personal Law Board, All India Shia Personal Law Board welcome order

    "The Supreme Court decision is historic, it is the victory of women in the country. But more than that, it is the victory of Islam," said President of the All India Muslim Women Personal Law Board Shaista Amber, who has been fighting for the rights of Muslim women told News18.

     "We hope that triple talaq will be banned once and for all in times to come," she said, adding it causes immense hardships to Muslim women even though "there is no provision of triple talaq in Islam," News18 quoted her as saying further. 

  • 13:04 (IST)

    National Conference leader calls verdict an interference in Muslim affairs

    Former minister and National Conference leader, Mustafa Kamal, said that triple talaq has often been misused against women. He however said that the Supreme Court verdict is an interference in religious matters of Muslims and the issue should have been addressed at the societal level.

    " As far as Jammu and Kashmir is concerned the law can be extended only if it is passed by Assembly or government brings an ordinance," he told Firstpost. Kamal said that nevertheless the practice has been misused mostly by Arab Muslims who come to southern states of India and marry and divorce women at their whims. 

    Ishfaq Naseem

  • 12:56 (IST)

    After the Supreme Court on Tuesday struck down the Islamic practice of triple talaq, India has now joined the following countries in declaring the practice un-Islamic:

    Pakistan
    Bangladesh
    Sri Lanka
    Turkey
    Cyprus
    Syria
    Jordan
    Egypt
    Tunisia
    Algeria
    Iran
    Iraq
    Malaysia
    Brunei
    UAE
    Indonesia
    Iraq

  • 12:56 (IST)

    Amit Shah hails SC verdict, calls it dawn of a new era for Muslim women

  • 12:49 (IST)

    Full Text: Supreme Court's 'historic' judgment on triple talaq

  • 12:48 (IST)

    Watch: Arshiya Ismail, a triple talaq victim narrate her ordeal

  • 12:40 (IST)

    BJP Kashmir unit welcomes SC verdict

    BJP Kashmir unit has welcomed the Supreme Court verdict to stay triple talaq. Senior party leader and MLC, Sofi Yusuf, said that there should be no hurdles to extend the verdict to Jammu and Kashmir. He said that a law could be passed in the Assembly to extend it to the only Muslim majority state. Yusuf said that the practice was putting women at disadvantage and the state should not be deprived of the verdict. " I have come across cases of women divorced in most inhuman way," he said.

    Ishfaq Naseem

  • 12:38 (IST)

The Supreme Court would on Tuesday pronounce a historic judgement on the controversial issue of whether the practice of 'triple talaq' among Muslims is fundamental to the religion.

A five-judge constitution bench headed by Chief Justice JS Khehar had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

During the hearing, the apex court had clarified that it may not deliberate upon the issue of polygamy and said it would only examine whether triple talaq was part of an "enforceable" fundamental right to practice religion by the Muslims.

Besides CJI Khehar, the bench also included Justices Kurian Joseph, RF Nariman, UU Lalit and S Abdul Nazeer.

The bench, made up of judges from different religious communities — Sikh, Christian, Parsi, Hindu and Muslim, had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of 'triple talaq' in the community.

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

The Muslim women, who had filed the petitions, have challenged the practice of 'triple talaq' in which the husband pronounces 'talaq' thrice in one go, sometimes even by phone or a text message, to get a divorce.

During the hearing, the apex court had observed that the practice of 'triple talaq' was the "worst" and "not a desirable" form of dissolution of marriage among Muslims, even though there were schools of thought which called it "legal".

File image of the Supreme Court of India. AFP

File image of the Supreme Court of India. AFP

Several lawyers including noted jurist Ram Jethmalani had attacked the practice on various constitutional grounds including the right to equality and termed it "abhorrent".

It was argued that triple talaq was a discrimination on the ground of sex and this practice was abhorrent to the tenets of holy Quran and no amount of advocacy can save this "sinful" practice which is contrary to constitutional tenets.

The Centre had told the bench that it will come out with a law to regulate marriage and divorce among Muslims if 'triple talaq' is held invalid and unconstitutional by the apex court.

The government had termed all the three forms of divorce among the Muslim community –- talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial".

It has said that all personal laws must be in confirmity with the Constitution and rights of marriage, divorce, property and succession has to be treated in the same class and has to be in conformity with the Constitution.

The Centre had said 'triple talaq' is neither integral to Islam, nor a "majority versus minority" issue but rather an "intra-community tussle" between Muslim men and deprived women.

The apex court had said it was keeping open for adjudication in the future the issues of polygamy and 'nikah halala' among Muslims as the Centre had insisted deliberations on these aspects as well.

Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of 'triple talaq' with the belief that Lord Rama was born in Ayodhya and these were matters of faith which cannot be tested on grounds of constitutional morality.

He had argued that triple talaq has been there since 637AD and cannot be termed as un-Islamic as Muslims have been practising it for last 1,400 years.

Sibal had said that either Parliament can enact a law or it should be left to the community itself to deal and the court should not interfere on the issue.

The apex court during the hearing had asked the AIMPLB whether a woman can be given an option of saying 'no' to triple talaq at the time of execution of 'nikahnama' (marriage contract).

It had asked Muslim bodies how a practice like triple talaq could be a matter of "faith" when they have been asserting that it is "patriarchal", "bad in theology" and "sinful".

The batch of pleas had also challenged the constitutional validity of other practices like 'nikah halala' and polygamy among Muslims.

The bench had taken up the main matter on its own as a petition titled "Muslim Women's quest for equality".

The apex court had on its own taken cognizance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands.

 

With inputs from PTI


Published Date: Aug 22, 2017 06:57 pm | Updated Date: Aug 22, 2017 08:07 pm


Also See