• Concept of Triple Talaq
• Facts of the case
• Issues of the case
• Judgment of the case
CONCEPT OF TRIPLE TALAQ
Triple Talaq is also known as Talaq- ul- biddat and it is a form of instant talaq. According to Muslim law, if a Muslim man wanted to give divorce to his wife then this allowed him to instantly divorce his wife by uttering the word Talaq three times in any form and this was considered valid under Muslim law.
FACTS OF THE CASE
Shayara Bano was married to her husband for 15 years and later, her husband divorced her in the year 2016 through the method of triple talaq. Then she filed petition in Supreme Court and contended that this form of Talaq is unconstitutional. She alleged that it violates several fundamental rights such as Article 14, 15, 21 and also 25 of the Indian Constitution and moreover she stated that this practice affects the various other rights of Muslim women.
ISSUE INVOLVED IN THE CASE
The main issues which are involved in the present case are:-
• Whether the practice of triple talaq is Constitutional?
• Whether it is an essential religious practice of Muslims?
JUDGMENT OF THE CASE
The court had a divided opinion of 3:2 where the majority held that the practice of triple talaq is unconstitutional and violates the fundamental rights of Muslim women.
Opinion of CJI Jagdish Khehar and J. Abdul Nazeer
• The practice of triple talaq is a part of Muslim personal law and that is why it is protected under article 25 of the Constitution of India which gives right to religion.
• Supreme court should not interfere into the personal laws of any religion.
• Whether this practice is lawful or not, it cannot be decided by judiciary. It can be done by Parliament and only Parliament has power to make law on this particular point.
Opinion of J. Rohinton Nariman and J. U.U. Lalit
• All laws whether enacted before the commencement of constitution or after the commencement of constitution must be consistent with the fundamental rights given in the constitution of India.
• Article 13 cannot interfere into personal laws of any religion and any personal law cannot be challenged under this article but this practice of triple Talaq has been challenged under article 14, 15, 21 and 25 of the Constitution of India. So, Supreme Court has jurisdiction to decide the matter.
• The practice of triple Talaq is arbitrary in nature and violates the basic rights of the women. So, under article 14, this Court has power to declare this practice unconstitutional on the basis of arbitrariness.
Opinion of J. Kurian Joseph
• The practice of triple Talaq is un- Islamic.
• This practice was introduced in Muslim religion at a later stage. Initially, Talaq-ul- Sunnat was recognised by Muslim religion. Because of the improvements in Muslim religion, this practice of instant Talaq was evolved in Islam. So, it is not an essential religious practice of Islam.
• Under Muslim law, all other forms of divorce give time for reconciliation and in this time period, parties may solve their disputes, clarify all their doubts and can again re-unite. But this practice does not give time for reconciliation.
In this case, the majority of judges held that this practice is unconstitutional because it violates the basic rights of Muslim women and moreover it is not an essential religious practice of Islam.