On 22nd August 2017, The Supreme Court of India declared the moment triple talaq or divorce as unconstitutional and arbitrary in a very landmark judgment. during a split verdict the three of 5 judges said that this practice of claiming talaq thrice in one sitting or over the phone, email etc. is that the violation of Muslim women’s right to equality and against gender justice. it’s not mentioned in Islam, therefore, can not be allowed to travel.
Judge of India and Justice A Abdul Nazeer argued for suspending the moment talaq and directed the govt. to bring a law to manage the practice within six months. However, the bulk verdict of the three justices overridden their view. There are three styles of talaq – Talaq –e-Ahsan where the husband pronounces talaq once followed by abstinence of 90 days or three menstrual cycles.
If the couple resolves their differences within the amount then talaq is revoked. Talaq-e- Hasan where the husband pronounces talaq 3 times over three months with iddat or abstinence of 1 month each.
Differences are resolved within the stipulated time the talaq is taken into account and revoked in such circumstances where, If not then divorce becomes final after the third talaq. When it comes to Talaq –e- Biddat is when the husband says talaq in one go and it becomes effective immediately.
Also, it’s irrevocable the instant it’s pronounced. When the judiciary intervened then the Supreme Court of India struck down Talaq-e- Biddat as unconstitutional and against women’s dignity and rights. Instant Divorce of Talaq-e-Biddat is banned in 22 Muslim countries as being arbitrary.
This ruling will ensure justice for Muslim women who had been victims of violence and harassment. The petition against instant divorce was filed two years back by Shayara Bano and 4 other women who were divorced by their husbands through letters mentioning talaq thrice. Her children were withdrawn from her and faced discrimination and threats to her life.
The Supreme Court also made the Bharatiya Muslim Mahila Andolan a celebration within the case-taking cognizance of the survey that said 92% of the Muslim women want the abolition of triple talaq. this can be the primary time in India that Muslim women challenged an Islamic practice as a violation of fundamental rights. The Muslim women have popped out inhospitable talk against the discriminatory practices in the name of the Islamic practices.