India’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 “breakdown
(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.
AFP
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