The Supreme court in a Landmark verdict of 22nd August 2017 struck down
the practice of Triple Talaq. A constitutional bench of five judges, belonging
to different faiths Hinduism, Christianity, Islam, Sikhism, and Zoroastrianism
ruled by a 3:2 majority that there was no constitutional protection for Triple
Talaq.
I was really happy when I heard this decision. However, on television I saw one
of the Muslim woman saying that, it is a matter of Muslim community, and Supreme
Court and the Government should not interfere in this. With due respect towards
that woman I would disagree with her because many of the Muslim divorce cases
reach the court of law to seek justice, so in this situation it is the duty of
the court of law to step into this matter and give judgment.
One of the person on the news channel even mentioned that Triple Talaq was a
good escape door for Muslim woman who were suffering under their husbands.
However, according to the survey it was more of an escape door for husbands.
Why I agree with the decision? Because as a Muslim and also as a Student of Law
I know that Triple Talaq is something which is completely against to what is
mentioned in Quran.
According to Quran, the process of divorce involves Arbitration, Mediation and
Reconciliation by mediators appointed by both sides who must explore the
possibility of reconciliation.
According to Islam, of all the lawful acts, the most detestable to God is
divorce.
Indian society is going through a process of evolution, and as a law student I
am happy to see that some major decisions by our Apex court has been taken
towards our society(especially in the month of September 2018) coincidentally
after the time I have become a law student, this really makes me feel very
lucky.
I still remember as a kid I used to watch a T.V. show with my parents at the
time of Dinner (yes, I know you should not watch television while eating). The
name of that T.V. show was €œHeena€ and the husband of Heena in that show gave
her Triple Talaq and I asked my mother, Mom is that the way to give talaq?
and she used to just smile at my innocence and answer, €œYes€ without giving me
any explanation, considering my age. However I was never scared for my Mother
because I always knew that my Father is an amazing person who didn€™t even ask my
Mother to change her surname after marriage.
However I still believe that there are many other issues of which women are a
much more frequent victim and it needs to be sorted out as soon as possible
because a women gets raped in India in every 30 minutes.
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