New Delhi (August 22, 2017): India´s top court on Tuesday banned triple talaaq 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.
The All India Muslim Personal Law Board (AIMPLB), a grouping of Islamic organisations, had opposed any efforts to ban triple talaq.
