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.
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.