SC to pronounce its judgement on whether triple talaq among Muslims is fundamental to the religion
Is triple talaq fundamental to Islam? Shayara Bano would not agree, and she has challenged the constitutionality of the practices of polygamy, triple talaq ('talaq-e-bidat'), and 'nikah halala' in the Supreme Court.
Answering the question is important. According to reports, the Supreme Court would on Tuesday pronounce a historic judgement on the controversial issue of whether the practice of triple talaq among Muslims is fundamental to the religion.
A five-judge constitution bench headed by Chief Justice J S Khehar had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation. During the hearing, the apex court had clarified that it may not deliberate upon the issue of polygamy and said it would only examine whether triple talaq was part of an "enforceable" fundamental right to practice religion by the Muslims.
What does Bano's plea contend:
Bano, as reported earlier, has challenged the constitutionality of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, in so far as it seeks to recognise and validate polygamy, triple talaq and nikah halala.
Bano also challenged the Dissolution of Muslim Marriages Act, 1939, saying that it fails to provide Indian Muslim women with protection from bigamy.
In her petition before the court, Bano related her own harrowing experience and said that she was subjected to cruelty, and dowry demands, from her husband and his family.
In her plea, Bano said: "Muslim women have their hands tied while the guillotine of divorce dangles, perpetually ready to drop at the whims of their husbands who enjoy undisputed power. Such discrimination and inequality hoarsely expressed in the form of unilateral triple-talaq is abominable when seen in light of the progressive times of the 21st century.".....
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