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India's top court rules controversial Muslim divorce law 'unconstitutional'

 

FILE PHOTO: A television journalist sets his camera inside the premises of the Supreme Court in New Delhi, India, February 18, 2014. REUTERS/Anindito Mukherjee/File Photo

 

NEW DELHI (Reuters) - India's Supreme Court on Tuesday ruled a controversial Muslim quick divorce law "unconstitutional", a landmark victory for Muslim women who had long argued that it violated their right to equality.

 

The law allows Muslim men to divorce their wives simply by uttering the word "talaq" three times. Muslim women say they have been left destitute by husbands divorcing them through "triple talaq", including by Skype and WhatsApp.

 

Three of the five judges hearing a case questioning the legality of the law ruled it was unconstitutional, effectively ending its legal practice.

 

The court's verdict was marred by confusion initially, with the senior judge, the chief justice of India, announcing that his opinion was to suspend the practice and ask the government to come up with a new law within six months.

 

He was overruled by the three judges who said it was unconstitutional.

 

"Finally I feel free today. I have the order that will liberate many Muslim women," Shayara Bano, one of the women who brought the case, told Reuters after the ruling.

 

Triple talaq is banned in several Muslim countries, including in neighbouring Pakistan and conservative Saudi Arabia.

 

Debate over the law has pitted an unlikely coalition of Muslim women, Prime Minister Narendra Modi and his ruling Hindu nationalist party which wanted the law quashed, against some Muslim groups which say the state has no right to interfere in religious matters.

 

Some fear that the Hindu majority is trying to counter Islamic influence in society.

 

India allows religious institutions to govern matters of personal law - marriage, divorce and property inheritance - through civil codes designed to protect the independence of religious communities, including of minority Muslims.

 

(Reporting by Suchitra Mohanty and Rupam Jain and Tommy Wilkes; Editing by Malini Menon and Nick Macfie)

 

-- © Copyright Reuters 2017-08-22

[tubby johnson]

Well done, India.

 

Civilization triumphs over primitive barbarity.

[Somtamnication]

Crap, I was about to send wifey a text message. 

[petermik]

7 hours ago, Somtamnication said:

Crap, I was about to send wifey a text message. 

SMS,not acceptable...........emails fine though

[Emmess]

13 minutes ago, petermik said:

SMS,not acceptable...........emails fine though

The law allows Muslim men to divorce their wives simply by uttering the word "talaq" three times. Muslim women say they have been left destitute by husbands divorcing them through "triple talaq", including by Skype and WhatsApp.

[simple1]

2 hours ago, tubby johnson said:

Well done, India.

 

Civilization triumphs over primitive barbarity.

Agree it's a step forward for women's rights in India, but still significant problems for women, no matter the religion. 

 

What do you think of Thailand's lack of legal recognition of de-facto relationships, so the male can just talk away from responsibilities to support the family?

Edited August 22, 2017 by simple1

[halloween]

What will this mean for short-time marriages? The oldest profession must be horrified at this result.

[Ulic]

As I understand it women also have this right to divorce men the same way.

While Muslim men may have 4 wives, women can object to this arrangement and

divorce their husbands. At least that is as I understand Sharia Law. How things

are applied in India however is unclear.

[Baerboxer]

6 hours ago, Ulic said:

As I understand it women also have this right to divorce men the same way.

While Muslim men may have 4 wives, women can object to this arrangement and

divorce their husbands. At least that is as I understand Sharia Law. How things

are applied in India however is unclear.

 

I though a man seeking extra wives in the Muslim faith must obtaining his first wives agreement prior to another marriage?

 

 

[boomerangutang]

                                 A big step in the right direction, but ignorance and cruelty will still pervade.  For example, in Pakistan, it's technically illegal for a village council to punish a person (for sex-outside-of-marriage, for example) by allowing a group of men to gang rape that 'guilty' person's younger sister.  .....yet outlying villages still do it.  Similarly, traditions sometimes take a very long time to get phased out.  

 

                          Men who are insecure about their manhood and/or their belief system, are the types who embrace such primitive rules.  What other religion is so thin-skinned about 'offending their religion' as Islam?  If they could see further than the tips of their noses, they'd see that a religion can't get offended, any more than a screwdriver can be.  A religion is a thing.  The only entity on this planet which gets offended is people, because of their egos.  No other animal, and no plant, thing or belief system is capable of getting offended.  

[halloween]

46 minutes ago, Baerboxer said:

 

I though a man seeking extra wives in the Muslim faith must obtaining his first wives agreement prior to another marriage?

 

 

Not if it's only a 'temporary marriage'.

[manarak]

On 22.8.2017 at 0:24 PM, simple1 said:

Agree it's a step forward for women's rights in India, but still significant problems for women, no matter the religion. 

 

What do you think of Thailand's lack of legal recognition of de-facto relationships, so the male can just talk away from responsibilities to support the family?

I think responsibilities must be formally acknowledged by both parties before they can be enforced.

It takes 2 to tango.

And if something unplanned happens, the fate of one person cannot be put completely at the mercy of another person, such as, oh the condom broke !!!

 

By wanting to make de-facto relationships a legal risk, you just add a major reason to prefer ladyboys... seriously !!!

[baboon]

3 hours ago, halloween said:

Not if it's only a 'temporary marriage'.

Yes, what kind of balls is that?

So we have God the Almighty, Creator of Heaven and Earth. He made us, knows what is inside our heads at all times and will sit in judgement of all of us on Judgement Day. But when that time comes, we can wave a piece of paper in His face to prove that we were married under His divine law for 30 minutes or so, so no harm done.

Now either God is a trifle thick, or some of those He made in His image are simply taking advantage of His more vulnerable creations.

 

Come on. Even if you believe, you can't but help but question His earthly representatives if you have any sense...