India Bans Triple Talaq for Muslim Men Divorcing Their Wives

By M. Grace, August 22, 2017 23:08 PM

Muslim couple(Pixabay)

Muslim men in India could divorce their wives three times using the word, "talaq," Arabic for divorce. However, the Supreme Court of India declared on Tuesday, August 22 that the practice is unconstitutional and will now be abolished.

India is known to be home to 172 Muslims, making at least 14 percent of the world's Muslim population. Family matters of the country's population are governed mostly by their religious traditions.

The triple talaq practice does not give Muslim women in India a say about divorce matters.  Husbands were known to have used this word and can divorce their wives by text message, phone or email. Women would also need the man's consent before getting a divorce.

"Triple talaq is against the basis of sharia [Islamic law] ... what is said to be bad in the Holy Koran cannot be good in sharia," Justice Kurian Joseph said, talking about the practice in question.

Prime Minister Narenda Modi reportedly supported the petition to abolish the practice.

"Today's judgment on one level is very historic," said Hasina Khan from the Bebaak Collective, an organization which campaigns against the practice. "It is not a victory that has been achieved after one or two years - Muslim women have been coming to courts and filing petitions and laying the groundwork for this for years."

Meanwhile, some Muslims did not want to end this practice as this is part of their faith and belief.

"We don't see this as a favorable verdict. Triple talaq is a part of our religion and of sharia," Kamal Faruqui, a member of the executive committee of the All India Muslim Personal Law Board which advocates for Muslim law, said.

For now, five officials of the government moved the petition to be debated in the parliament. 

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