NEW DELHI, Aug 22: The Supreme Court on Tuesday struck down triple talaq, or instant divorce, by a 3:2 verdict of the constitutional bench.
After six days of historic hearing Justice Kurian Joseph, Justice Rohinton Fali Nariman and Justice UU Lalit were of the view that triple talaq was not essential to Islam and therefore it should be banned.
“There are four sources of Islamic law. Only the Quran is the first source of law, therefore, sources other than the Quran are supplement to what is in it. There can be nothing more than what is written in the Quran… Triple talaq is against the tenets of Quran and therefore violates Shariat,” Justice Kurian Joseph said in his verdict.
Justice UU Lalit endorsed Justice K Joseph’s order.
Justice Nariman said “It is not possible for the court to fold its hands when petitioners come… Court has to declare whether practice is legal or not.”
However, the landmark verdict saw Chief Justice of India JS Khehar and Justice S Abdul Nazeer issue dissenting orders.
CJI JS Khehar held that while triple talaq was a heinous practice, it wasn’t appropriate for the court to observe whether it’s valid as per Islam or not. He was of the view that the Parliament should enact a law in this regard.(Inputs from News 18)
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