22 August 2017

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In Depth Timeline Facts Supreme Court Bans Talaq-e-Biddat in India

In Depth Timeline Facts Supreme Court Bans Talaq-e-Biddat  in India
A Five Judge Supreme Court bench has barred, struck down the controversial Islamic divorce practice of instant triple talaq (Talaq-e-Biddat), asking the Centre that is BJP government to bring legislation.

The judgment came two years after a woman from Uttarakhand, Shayara Bano, approached the top court after her husband of 15 years sent her a letter with the word ‘talaq’ written thrice to divorce her.

In a 3-2 verdict, the top court said instant triple talaq -- under which women have been divorced in one go even over email, WhatsApp and letters -- was against Article 14 of the Constitution, which guarantees the right to equality.

Justice U.U Lalit, Justice Joseph and Justice Nariman hold triple 'talaq' as unconstitutional.
CJI Khehar and Justice Abdul Nazeer hold it constitutional.

The SC bench said “Talaq-e-Biddat (instant divorce) is manifestly arbitrary which allows a Muslim man to break down a marriage whimsically,”

Supreme Court of India put a six-month stay on the practice, directing Parliament to enact a law within the given time.

The Supreme Court announced its verdict on the controversial issue of instant triple talaq terming the practice as “void” and “illegal”.

The court struck down the practice, declaring it as “unconstitutional” via a split decision by 3:2 and said the practice is against the basic tenets of Quran.

SC referred to the abolition of Triple Talalq in Islamic countries and asked why can't India get rid of it.
More than 20 Muslim countries, including neighboring Pakistan and Bangladesh, have banned the practice.

The judges said one cannot seek constitutional protection for a practice for which the primary source is not the holy Quran. So, while the court upheld the talaq-ul-sunnat -- where the husband pronounces talaq over a three-month iddat period to factor in three menstrual cycles of the woman, it barred instant talaq.

Chief Justice J.S. Khehar, who led the Bench, held that talaq-e-biddat is an integral part of Article 25 (freedom of religion). That it has been followed for over 1,400 years by the Hanafis and has become a part of religious practice. He also held that instant talaq does not violate Articles 14, 19 and 21 of the Constitution, and passed it on to the legislature within six months to decide a law.

Supreme Court expresses hope the Centre's legislation will take into account concerns of Muslim bodies and Sharia law.

Zafar Jilani, member, All India Muslim Personal Law Board has maintained that it is unconstitutional for the judiciary to interfere in the religious practices of Muslims.
The board also said that there cannot be any uniform civil code in India.
Jilani said “Have respected Supreme Court's judgements in the past, today's judgement on triple talaq will also be considered by us.
Our grievances and apprehensions whether they have been addressed by the judges or not can be said after seeing judgement.
What will happen to those Muslim women who even after judgement will accept 'Talaq', all issues have to be addressed."

What will happen if BJP government fails to bring a new law in next six months?
If law doesn't come in force in six months, then SC's injunction on Triple Talaq will continue
BJP enjoys full majority in Lower House which Great PM Manmohan Singh never enjoyed.
It is possible for the BJP government to bring a such law which will regulate triple talaq, divorce procedure based on Quran.

Timeline of Triple Talaq Divorce Case –

a woman from Uttarakhand, Shayara Bano had approached the Supreme Court for justice after her husband divorced her over an instant triple talaq. Her petition demanded a ban on the practices of nikah halala and polygamy as well, which the court has set aside for now.

October 16, 2015:
SC bench asks chief justice of India to set up an appropriate bench to examine if Muslim women face gender discrimination in divorce cases while dealing with a case of Hindu succession.

Feb 5, 2016:
SC asks then Attorney General Mukul Rohatgi to assist it on the pleas challenging constitutional validity of 'triple talaq', 'nikah halala' and polygamy.

March 28, 2016:
Supreme Court asks Centre to file report of a high-level panel on 'Women and the law: An assessment of family laws with focus on laws relating to marriage, divorce, custody, inheritance and succession'. SC impleads various organizations, including All India Muslim Personal Law Board (AIMPLB), as parties in the suo motu matter.

June 29, 2016:
SC says 'triple talaq' among Muslims will be tested on "touchstone of constitutional framework".

October 7, 2016:
For the first time in India's constitutional history, Centre opposes in SC these practises and favors a relook on grounds like gender equality and secularism.

February 14, 2017:
SC allows various interlocutory pleas to be tagged along with the main matter.

February 16, 2017:
SC says a five-judge constitution bench would be set up to hear and decide the challenge to 'triple talaq', 'nikah halala' and polygamy.

March 27, 2017:
AIMPLB tells SC pleas were not maintainable as the issues fall outside judiciary's realm.

March 30, 2017:
SC says these issues are "very important" and involve "sentiments" and says a constitution bench would start hearing it from May 11.

May 11, 2017:
SC says it would examine whether the practice of triple talaq among Muslims is fundamental to their religion.

May 12, 2017:
SC says the practice of triple talaq was the "worst" and "not desirable" form of dissolution of marriages among Muslims.

May 15,2017:
Centre tells SC that it will bring new law to regulate marriage and divorce among the Muslim community if triple talaq struck down. SC says it would examine whether triple talaq was an essential part of religion under Article 25 of Constitution.

May 16, 2017:
AIMPLB tells SC that matters of faith cannot be tested on grounds of constitutional morality, says triple talaq a matter of faith for last 1,400 years. Equates the issue of triple talaq with the belief that Lord Rama was born in Ayodhya.

May 17,2017:
SC asks AIMPLB whether a woman can be given an option of saying 'no' to triple talaq at the time of execution of 'nikahnama'. Centre tells SC 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.

May 18,2017:
SC reserves verdict on triple talaq.

May 22,2017:
AIMPLB files affidavit in SC saying it would issue an advisory to 'Qazis' to tell bridegrooms that they will not resort to triple talaq to annul their marriage. AIMPLB lists out in SC guidelines for married couples. These include "social boycott" of those Muslims who resort to triple talaq and the appointment of an arbitrator to settle marital disputes.

Aug 22,2017:
SC by majority verdict of 3:2 rules that divorce through triple talaq is void, illegal and unconstitutional and against basic tenets of Quran. Three judges favor putting on hold for six months the practice, asking the government to come out with a law in this regard.

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Tuesday, August 22, 2017

Tags – Muslim Talaq Talaq-e-Biddat Judgement Banned India Supreme Court