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SC verdict on instant triple talaq: Justice Kurien says it is not essential part of Islam

The Supreme Court On Tuesday Declared Controversial Practice Of ‘triple Talaq’ Among Muslims As Unconstitutional In A 3-2 Verdict On Tuesday.

News Nation Bureau | Edited By : Ashish Ranjan | Updated on: 23 Aug 2017, 07:39:42 AM
Live | Supreme Court to pronounce verdict in Triple Talaq case today (File photo)

New Delhi:

The Supreme Court on Tuesday declared controversial practice of instant triple talaq among Muslims as unconstitutional in a 3-2 verdict on Tuesday.

SC referred to abolition of triple talaq in Islamic countries and asked why can't independent India get rid of it. SC held triple talaq unconstitutional and struck it down by 3:2 majority.

Justice Nariman, Lalit and Kurien say triple talaq is unconstitutional and opposed view of Justice Nazir and CJI Khehar. 

Supreme Court said that triple talaq not an internal part of Islam and hence unconstitutional. 

SC expressed hope that the Centre's legislation will take into account concerns of Muslim bodies and Sharia law.

The Apex court asked political parties to keep their differences aside and help Centre in bringing out law on triple talaq.

The 5 judges were unanimous in the verdict. After reading separate judgements, the 5-judge bench of Supreme Court rules in 3:2 majority triple talaq is void and illegal.

As it happened:

# 01:59 PM

Judgment of the SC on triple talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment: PM Modi

# 01:57 PM

It will be herculean task to implement this on ground, says Asaduddin Owaisi 

# 01:48 PM

SC’s decision on triple talaq is justice to Muslim women. There should not be any doubt on Supreme Court’s judgement, says Yogi Adityanath

# 01:17 PM

BJP chief Amit Shah congratulated Muslim women on the historic judgement. He said that he appreciated the Supreme Court’s judgement.

# 12:30 PM

What we hoped to happen has now happened, it is a good decision: Salman Khurshid

# 12:10 PM

Its a good judgement and its another step towards gender justice and gender equality: Maneka Gandhi, Union Minister

# 12:07 PM

What will happen to those Muslim women who even after judgement will accept 'talaq', all issues have to be addressed: Z Jilani, AIMPLB

# 12:06 PM

Our grievances and apprehensions whether they have been addressed by the judges or not can be said after seeing judgement: Z Jilani, AIMPLB

# 12:06 PM

Welcome SC 's judgement, request Central Govt to bring in a legislation soon: MP CM Shivraj Singh Chouhan

# 12:05 PM

Have respected SC's judgements in past, today's judgement on triple talaq will also be considered by us: Z Jilani, member, AIMPLB

# 11:52 AM

Lucknow: All India Muslim Women's Personal Law Board President Shaista Amber celebrates after SC majority bench's decision on Triple Talaq

# 11:49 AM

People should understand the state of Muslim women and accept the judgement, says Shayara Bano

# 11:47 AM

I support and welcome the judgement, it is historic day for Muslim women, says Shayara Bano, triple talaq victim and petitioner 

# 11:30 AM

Justice Nariman said triple talaq is a part of 1934 act should always be tested on constitutionality and said its unconstitutional: S Mehmood

# 11:27 AM

Justice Kurien said that triple talaq is not an essential part of Islam and enjoys no protection of Article 25,set it aside: Saif Mehmood,Lawyer

# 11:25 AM

CJI said matters of personal law cannot be touched by a constitutional court law or constitutionality cannot be tested: Saif Mehmood, Lawyer

# 11:20 AM

Justice Nariman, Lalit and Kurien say triple talaq is unconstitutional, oppose view of Justice Nazir and CJI Khehar 

# 11:10 AM

CJI Khehar upheld triple talaq practice, asked Union Government to bring legislation in 6 months

# 11:08 AM

SC declares triple talaq unconstitutional in 3-2 verdict

# 10:40 AM

Chief Justice begins reading judgement

# 10:35 AM

Counsel of All India Muslim Personal Law Board Kapil Sibal reaches Supreme Court

# 10:20 AM

It is a big day, let us see what the judgement says: Former Attorney General Mukul Rohatgi

# 10:15 AM

I feel the judgement will be in my favour. Time has changed and a law will certainly be made: Shayara Bano, Triple Talaq victim and petitioner

#  10:10 AM 

Supreme Court to pronounce verdict in triple talaq case today 

The five-judge constitution bench, hearing the matter, is headed by Chief Justice J S Khehar and includes Justices Kurian Joseph, R F Nariman, U U Lalit and S Abdul Nazeer.

The bench is made up of judges from different religious communities—Sikh, Christian, Parsi, Hindu and Muslim.

The bench heard total 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.

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

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”.

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First Published : 22 Aug 2017, 10:07:16 AM