हमारी सरकार शुरू से ही मुस्लिम महिलाओं के दर्द को समझती थी, और आज हमारी 9 करोड़ बहनो को तीन तलाक से आज़ादी मिल गयी है । प्रधानमंत्री, नरेन्द्र मोदी.
PM Modi, Judgment of the Hon’ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment. While, Union Minister for Women and Child Welfare Maneka Gandhi welcomed the verdict and said, “It’s a good judgement and its another step towards gender justice and gender equality.” Also, BJP Chief Amit Shah described the judgment as the “beginning of a new epoch for women to live with self-respect.” He said,”We welcome the verdict. The SC has given a historic decision. This verdict has given the right to crores of women to live with equality and dignity.”
Significantly, India’s SC banned the controversial Islamic divorce practice known as “triple talaq” in a landmark ruling announced yesterday. The practice, that stretches back over a 1000 years, allows a husband to divorce his wife by simply saying the Arabic word for divorce, talaq, three times.
Further, A five-judge constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar was in minority, said the practice of “‘talaq-e-biddat’ (triple talaq) is set aside”. The majority judgement pronounced by Justices Kurian Joseph, R F Nariman and U U Lalit did not concur with the CJI and Justice Nazeer’s opinion that ‘triple talaq’ was a part of religious practice and the government should step in and come out with a law..
— Narendra Modi (@narendramodi177) August 22, 2017
Religious law vs the Constitution
Minority verdict: Chief Justice J S Khehar and Justice S A Nazeer held that ‘talaq-e-biddat’ is a matter of ‘personal law’ of Sunni Muslims belonging to the Hanafi school and constitutes a matter of their faith as it has been practised by them for at least 1,400 years. TOI.
मेरी सभी मुस्लिम बहनो को मेरा नमन जो इस मैदान में डटी रही, जिन्होंने मोदी जी पर भरोसा किया ये उसका ही परिणाम है कि आज हम इस लड़ाई को जीते है pic.twitter.com/vQ08xtrAMs
— Narendra Modi (@narendramodi177) August 22, 2017
“We have examined whether the practice satisfies the constraints provided for under Article 25 of the Constitution, and have arrived at the conclusion, that it does not breach any of them. 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,” CJI Khehar and justice Nazeer said this.
Majority verdict: Justice Kurian Joseph, who penned a separate majority judgement, disagreed with the CJI that the practice of triple talaq has to be considered integral to religious denomination.
“Merely because a practice has continued for long, that by itself cannot make it valid if it has been expressly declared to be impermissible. The whole purpose of the 1937 (Muslim Personal Law (Shariat) Application) Act was to declare Shariat as the rule of decision and to discontinue anti- Shariat practices with respect to subjects enumerated in section 2 which include talaq,” he said.
Judicial action vs legislative intervention
Minority verdict: CJI Khehar and justice Nazeer noted that triple talaq among the Muslims was an integral part of religion and faith that cannot be declared as unconstitutional, but “gender discriminatory” practice can be done away by way of legislation.
They asked the government to frame a law in this regard in six months and, till the time a new legislation is enacted, the practice of divorce through triple talaq, known as ‘talaq-e- biddat’ would not be in operation.
Majority verdict: Justice Kurian Joseph said the process of harmonising different interests was within the powers of the legislature and this power has to be exercised within the constitutional parameters without curbing religious freedom guaranteed under the Constitution.
WHAT DOES THE QURAN SAY ABOUT TRIPLE TALAQ?
“Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise” The Quran 2:228.
For the second time (which is not bound to happen immediately) if they face an arduous problem, talaq can be pronounced again with the same procedure.
“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment…The Quran 2:229.
Surah Talaaq: 65:01
Surah Kausar: 108: 01-03
Surah Baqra: 02: 228-242
Surah Nisaa: 04:03,06,22,25,127
Surah Ahzaab: 33:49,50,59
Surah Qasas: 28:27
“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know” The Quran 2:230.
The word Triple Talaq literally means pronouncing Talaq, Talaq, Talaq( I divorce you, I divorce you, I divorce you) by a Man to his wife and divorce happens. But trust me thats not how it works.
According to Quran and Hadith. TALAQ is considered as an undesirable act in the sight of ALLAH. If things don’t workout between the wife and Husband well for a long time then they may think of divorce. Although, according to Quran and Hadith, divorce is not not the ideal way to deal with marriage issues and is the most hated act in the sight of ALLAH..
The controversy around talaq stems from how it is practiced in modern day societies. According to Islamic belief, it should be a deliberate and thoughtful practice, carried out over the course of several weeks. Yet, in its practice, men give the command without warning, uprooting a woman’s life.
Yes, Judgment of the Hon’ble SC on Triple Talaq is historic. It grants equality to Muslim women and is a powerful measure for women empowerment. Sure, this judgement build more equality and Dignity In order to Female.. Thank’s.
Source Link 1: Trilok Singh, Triple Talaq, beginning of a new epoch for women to live with self-respect