TheJakartaPost

Please Update your browser

Your browser is out of date, and may not be compatible with our website. A list of the most popular web browsers can be found below.
Just click on the icons to get to the download page.

Jakarta Post

India's top court bans Islamic instant divorce

  (Agence France-Presse)
New Delhi, India
Tue, August 22, 2017 Published on Aug. 22, 2017 Published on 2017-08-22T18:01:15+07:00

Change text size

Gift Premium Articles
to Anyone

Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!
India's top court bans Islamic instant divorce This file photo taken on November 4, 2016 shows Indian Muslim women at a rally to oppose the Uniform Civil Code (UCC) that would outlaw the practice of (Agence France -Presse/Sam Panthaky)

I

ndia's top court on Tuesday banned a controversial Islamic practice that allows men to divorce their wives instantly, saying it was unconstitutional.

Victims of the practice known as "triple talaq", whereby Muslim men can divorce their wives by reciting the word talaq (divorce) three times, had approached the Supreme Court to ask for a ban.

Triple talaq "is not integral to religious practice and violates constitutional morality," a panel of Supreme Court judges said.

The five judges were from India's major faiths -- Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.

In their ruling they said it was "manifestly arbitrary" to allow a man to "break down (a) marriage whimsically and capriciously".

"What is sinful under religion cannot be valid under law," they said.

The practice had been challenged in lower courts but it was the first time India's Supreme Court had considered whether triple talaq was legal.

India allows religious institutions to govern matters of marriage, divorce and property inheritance in the multi-faith nation, enshrining triple talaq as a legal avenue for its 180 million Muslims to end unions.

But the Hindu nationalist government of Prime Minister Narendra Modi had backed the petitioners in this landmark case, declaring triple talaq unconstitutional and discriminatory against women.

Modi's ruling Bharatiya Janata Party has long pushed for a uniform civil code, governing Indians of all religions, to be enforced.

But the issue remains highly sensitive in India, where religious tensions often lead to violence.

The All India Muslim Personal Law Board (AIMPLB), a grouping of Islamic organisations, had opposed any efforts to ban triple talaq.

Some Islamic scholars say there is no mention of triple talaq in the Koran, which instead details a different process for divorce based on mediation.

Your Opinion Matters

Share your experiences, suggestions, and any issues you've encountered on The Jakarta Post. We're here to listen.

Enter at least 30 characters
0 / 30

Thank You

Thank you for sharing your thoughts. We appreciate your feedback.

Share options

Quickly share this news with your network—keep everyone informed with just a single click!

Change text size options

Customize your reading experience by adjusting the text size to small, medium, or large—find what’s most comfortable for you.

Gift Premium Articles
to Anyone

Share the best of The Jakarta Post with friends, family, or colleagues. As a subscriber, you can gift 3 to 5 articles each month that anyone can read—no subscription needed!

Continue in the app

Get the best experience—faster access, exclusive features, and a seamless way to stay updated.