Monday 21 August 2017

End of talaq talaq talaq? Get your facts right with key takeaways

The Supreme Court asked the government to enact a law on triple talaq


 
In a landmark judgement, the Supreme Court today termed triple talaq unconstitutional and striked it down triple by 3-2 majority. It also asked the Union Government to bring legislation. Chief Justice Khehar said Talaq-e-biddat is an integral part of Sunni community practiced since 1000 years.
Here are the key takeaways:
1. Supreme Court upholds Triple Talaq practice For 6 months

2. Govt should make a law on triple talaq

3. Court puts six-month stay on the practice, Parliament asked to enact law within six months

4. SC asks govt to legislate, if legislation begins during that period, injunction shall stand until legislation is enacted

7 key facts related to case:

1. 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.
2. The Muslim women, who had filed the petitions, 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.
3. 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".
4. 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....(Read full story)

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