1. Gray areas in SC’s Triple Talaq verdict as it raises questions on fundamental rights, other forms of talaq

Gray areas in SC’s Triple Talaq verdict as it raises questions on fundamental rights, other forms of talaq

The judgment by Justice Nariman and Justice Lalit read that at this point it is important to see if the “fundamental right has been violated by the 1937 Act insofar as it seeks to enforce Triple Talaq as a rule of Law in the Courts in India,”.

By: | New Delhi | Published: August 23, 2017 12:46 PM
triple talaq, triple talaq verdict, ban on triple talaq, triple talaq ban, supreme court ban on triple talaq, muslim, muslim women in india, muslim women, what is triple talaq, triple talaq shariat law, funadamental right triple talaq, triple talaq constitutional? The ban on instant talaq made lawyers wonder if that would open other forms of talaq including talaq-e-hasan or talaq-e-ahsan as well for the challenge. (PTI)

The Supreme Court ban on Triple Talaq has raised several questions as certain issues in the three judgments seemed to have some grey areas, reported Indian Express. The minority judgment by CJI J S Khehar and Justice Abdul Nazeer read, “We have also come to the conclusion that the practice being a component of ‘personal law’ has the protection of Article 25 of the Constitution”.

One lawyer politician raising the question on the suspension of the practice asked how it was a possibility if it was recognized as a fundamental right.

The majority judgment by Justice Rohinton Nariman and Justice UU Lalit also got a few ruling party members worried about how the verdict would be implemented and received. The judgment by Justice Nariman and Justice Lalit read that at this point it is important to see if the “fundamental right has been violated by the 1937 Act insofar as it seeks to enforce Triple Talaq as a rule of Law in the Courts in India,”.

The Shariat Act, Section 2 of the 1937 Act holds the sanctity of talaq. The ban on instant talaq made lawyers wonder if that would open other forms of talaq including talaq-e-hasan or talaq-e-ahsan as well for the challenge.

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Justice Joseph in his judgment says that since triple talaq is against the basic principle of the Holy Quran and it in itself violates Shariat. Justice Joseph cites Suras of Quran — Sura-II, Sura-IV and Sura-LXV to back his judgment. “After the introduction of the 1937 Act, no practice against the tenets of Quran is permissible,” wrote Justice Joseph.

  1. Kushal Kumar
    Aug 23, 2017 at 5:31 pm
    Without going into more details , it can be said that the judgement has heralded a new chapter in the lives of Muslim women of India. Readers may like to know this Vedic astrology writer’s prophesy for women in India during April to July and nearby in 2017, in article “ 2017 - an opportune year for India with major worrisome concerns in February –March and August-September” issued widely to Indian news media last year in October and November 2016. Reproducing the text from the article here : - “ Both these parts from April to December present opportunities and realization of those opportunities to an extent. But the last five months appear to be comparatively not as opportune as April to July or nearby. Certain encouraging or positive things could likely take shape in national scene. WOMEN HAVE SOMETHING FOR THEM TO CHEER UP”. So the prediction has been precisely accurate and meaningful.
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