The practice had grown in usage throughout India, as Muslim husbands issued the triple Talaq via letter, text message, and various texting apps, according to BBC.
In a landmark victory for the Muslim women in India, who were fighting to scrap the practice of instant triple talaq, the Supreme Court of India on Tuesday said the practice is unconstitutional and illegal, and asked the country’s government to legislate a law in Parliament.
“This is a sensitive case where sentiments are involved”.
The All India Muslim Personal Law Board, a non-governmental body that lobbies for the application of Islamic civil laws and opposes any ban on triple talaq, also welcomed the verdict, saying it “accords protection to Muslim personal laws”.
“We, the Muslim women, were till so far deprived of a law which is gender-just, which upholds our rights in marriage and in family”. Triple talaq is a discriminatory practice that violates women’s right to equality, and has devastated the lives of many Muslim women.
Her case received a boost from a vocal campaign by the Indian Muslim Women’s Movement that had pushed for a ban for years.
She also believed that the legislation on the issue could open doors for interference in the Muslim Personal Law.
The legislation is not codified, which means it is open to interpretation by local clergy.
“Today, the Muslims across India are living in fear”.
Undoubtedly, Kaif with his tweet struck a debate, where supporters of the Supreme Court verdict and those protesting against it got into a war of words.
The judges in the minority verdict said that if the Centre does not bring a law within six months, then its six-month injunction on triple talaq will continue.
The two dissenting judges said India could not outlaw triple talaq because it would infringe on individual freedoms.
Zehra claimed that triple talaq does not always work against women.
Modi hailed the judgment as “historic”. “We knew the court was in no mood to allow triple talaq”, its general secretary Maulana Mohammad Wali Rehmani said.
The ruling could spur Modi’s party to push again for its long-held desire for a uniform civil code, which would end the application of religious laws to civil issues.
“The Supreme Court’s bar on this regressive practice is a step forward for women’s rights in India”. Triple talaq has been considered a legal avenue for the country’s almost 180 million Muslims to end marriages.