Sign in. It’s quick, free and it’s up to you.
An account is an optional way to support the work we do. Find out more.
INDIA’S TOP COURT has banned a controversial Islamic practice that allows men to divorce their wives instantly, ending a long tradition that many Muslim women had fiercely opposed.
The Supreme Court ruled that the practice of “triple talaq”, whereby Muslim men can divorce their wives by reciting the word ‘talaq’ (divorce) three times, was both unconstitutional and un-Islamic.
Women including Shayara Bano, whose husband used triple talaq to divorce her by letter in 2015, had approached India’s highest court to ask for a ruling.
A panel of five judges from India’s major faiths — Hinduism, Christianity, Islam, Sikhism and Zoroastrianism — said triple talaq was “not integral to religious practice and violates constitutional morality”.
They said it was “manifestly arbitrary” to allow a man to “break down (a) marriage whimsically and capriciously”.
“What is sinful under religion cannot be valid under law,” the judges said.
Bano, who suffered a nervous breakdown after her divorce, said it was a “historic occasion” for Muslim women.
“I appeal to the people to not politicise this issue and accept [the] Supreme Court’s verdict on triple talaq,” she told reporters outside the court.
I have felt the pain when family breaks. I hope no one has to go through this situation in future.
India, which is officially secular, is one of the few nations that legally permitted the practice, which is banned in neighbouring Bangladesh.
India allows religious institutions to govern matters of marriage, divorce and property inheritance in the multi-faith nation, enshrining triple talaq as a legal avenue for its 180 million Muslims to end unions.
Discriminatory
However, the Hindu nationalist government of Prime Minister Narendra Modi had backed the petitioners in this landmark case, declaring triple talaq unconstitutional and discriminatory against women.
Modi’s ruling Bharatiya Janata Party has long pushed for a uniform civil code, governing Indians of all religions, to be enforced.
Maneka Gandhi, India’s minister for women and children, said the ruling was a “giant step for women”.
“Divorce is a very, very important part of a woman’s life,” she said in an interview with the News18 television channel.
This makes her as equal as she is entitled to be under the constitution.
The All India Muslim Personal Law Board (AIMPLB), a grouping of Islamic organisations, had opposed any efforts to ban triple talaq.
The board said the practice was “reprehensible” but should not be a matter for the courts or the government.
Some Islamic scholars say there is no mention of instant divorce in the Koran, which instead details a different process based on mediation.
The practice had been challenged in lower courts but it was the first time India’s Supreme Court had considered whether triple talaq was legal.
To embed this post, copy the code below on your site
Talaq talaq talaq.
Yipee…I’m free.
@the druid: but some of them Indian women are like angels
@Piarais Mac Maoláin: Or the horror version: Candyman, Candyman, Candyman!!!
@Emmet Dillane: yo Indian women are super sexy
Great news for women in India. But sadly you will see more women murdered by their husbands in the future in this backword religous state.
@lez ferguson:
Careful now, according to the liberal press Ireland is a medieval state compared to India and India has been lecturing us on human rights for the last few years.
@Emmet Dillane: If you could read you’d know that the comparison is being made between our abortion laws.
@Veronica: Did they not recently refuse an abortion for a 10 year old girl raped by her step-father? They have no right to lecture us on anything.
@Frank Cooney: I believe so, yes.
@Good Early: I believe it was made clear in India, after the hue and cry, that had the poor childs situation come to light sooner and not at 32 weeks the Indian authorities would have permitted an abortion. As it was, given the late stage, they felt it would have been harmful to the child and a caesarean section was considered the less harmful and traumatic option. There was no option that was going to cause no harm to the child, on top of what had already been done to her.
@Veronica: sure if repeal get their way won’t it be possible to get an abortion in Ireland if a female baby isn’t desired?
@Veronica: that didn’t take you long to bang on about abortion in Ireland.any excuse to push fetal genocide I suppose.
@KerryBlueMike: Do you think they key to preventing femicide is by perpetuating the idea that female are so unworthy they can’t even decide what to with their own bodies?
Are you suggesting that we would find ourselves in the midst of a female genocide in Ireland if abortion was legalised?
I must admit it must have been a great way to keep your wife on her toes,but i suppose all great things must come to an end .
@Anthony Gallagher: “Talaq, talaq, tallaght bypass”
@Anthony Gallagher:
Veronica will be after you with a vengeance.!
Beetlejuice
@Crom Cruach: beetlejuice
@Liam flag: don’t fuppin say it again anyone. I’M SERIOUS!
@Liam flag: Ah fcuk it “Beetle juice!”
“The country’s Supreme Court ruled that the practice was both unconstitutional and un-Islamic” “INDIA’S TOP COURT has banned a controversial Islamic practice that allows men to divorce their wives instantly” I’m confused… is it Islamic or not??? Double speak much…
@Liam flag: Google it! Don’t be such a flake!
If you say Tallaght 3 times Robbie Keane changes clubs
Was really hoping the word would be Beetlejuice
Most Muslim countries ban this practice….Saudi Arabia is one of the few that still allow it…. It is more a traditional Islamic practice than in the Koran….
@John003: India is not a Muslim country ! At least learn a bit about the world
Divorce an Indian woman ??? That’s madness, they have some beautiful women
And who wrote the Kama Sutra?
@Patrick J. O’Rourke: phil Mitchell ?
Bettlejuice
Bettlejuise
Bettlejuise
@Shane Molloy: Ah now look what you did… Ffs!
Ending in India, will be brought in here so as not to offend
@John Belton: Even thought the overwhelming majority of Muslims don’t support it?
@Éamonn Flynn: I am not talking about Muslims. I am talking about people who do not want to offend them.
That’s mental… 3 word’s..
Religion and law should never be interwoven…
Mind you they should make it easier here takes so long….
2 more years then me and the kid’s left in peace!!! Yippee
@Barry morcom: Someone once said “A wife is yours for the duration of the marriage but an ex wife is yours for the rest of your life.”
@Ron North: yeah got a feeling we’ll be stuck with the drunken lush in our lives for quite some time to come when she gets out of rehab
Expect a rise in fatal accidents on women now
Don’t hear as much about the zoroastrians this long time now, must be keeping the heads down those lads. Sensible.
Biggie Smalls, Biggie Smalls, Biggie Smalls.
Drink, feck, nuns!!!!
Good thing they don’t live in Tallaght
have your say