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LATEST NEWS UPDATES | Instant talaq outlawed -R Balaji

Instant talaq outlawed -R Balaji

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published Published on Aug 23, 2017   modified Modified on Aug 23, 2017
-The Telegraph

New Delhi: A wave of rare consensus swept most of the national landscape today as the Supreme Court declared the instant triple talaq unconstitutional and outlawed it by a 3:2 majority verdict.

While Justices Kurian Joseph, R.F. Nariman and U.U. Lalit ruled the practice "manifestly arbitrary" and against "public order and morality", Chief Justice of India J.S. Khehar and Justice S. Abdul Nazeer differed in their minority view.

The minority view held that the instant talaq was integral to Muslim personal law, having been practised for 1,400 years, and was, therefore, protected by Article 25 (right to practise one's religion). It did not violate fundamental rights because such violation can be alleged only against the State.

But the majority view has now become the law of the land. The five judges had been picked from different religious communities: Justice Khehar is a Sikh, Justice Kurian Joseph a Christian, Justice Nariman a Parsi, Justice Lalit a Hindu and Justice Nazeer a Muslim.

One of the most important aspects of the majority verdict is that it sought to ensure gender justice by reconciling theology and law. "What is held to be bad in the holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well," Justice Joseph said.

Triple Talaq
 
The majority view declared unequivocally that the instant triple talaq went against the basic tenets of the Holy Quran and violated the Islamic law Shariat.

"No practice against the tenets of the Quran is permissible. Hence, there cannot be any constitutional protection to such a practice," it held, making it difficult for vested interests of various hues to inflame passions by terming the verdict anti-religious or by maligning religious beliefs.

Please click here to read more.

The Telegraph, 22 August, 2017, https://www.telegraphindia.com/1170823/jsp/frontpage/story_168710.jsp


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