Countries like Pakistan, Afghanistan, Morocco and Saudi Arabia do not allow Triple Talaq.
On Friday, the Supreme Court said the practice of triple talaq was “not desirable” and “worst” form of dissolution of marriages among Muslims, even though there’re schools of thought which termed this practice as “legal”.
A 5-judge constitution bench, headed by Chief Justice of India JS Khehar, said this on the 2nd day of continued hearing on this matter.
This observation came when former the Union Minister & senior adv. Salman Khurshid, who is assisting the Apex court in his personal capacity, told the bench that it isn’t an issue where judicial scrutiny is needed & moreover women have right to say “no” to triple talaq by adding a condition to this effect in the ‘nikahnama’ (a marriage contract).
The Apex Court asked Salman Khurshid to prepare a list of Islamic & non-Islamic countries where the practice of triple talaq has been banned.
The Constitutional bench was then informed that many countries like Pakistan, Afghanistan, Saudi Arabia and Morocco don’t allow triple talaq to dissolve marriages.
Senior adv. Ram Jethmalani, appearing for 1 of the victims, assailed triple talaq on various constitutional grounds including the Right to Equality.
Jethmalani said that the right of triple talaq is available only to the husband & not to the wife thus, it breaches the Article 14 (Right to Equality) of the Indian Constitution, 1-sided termination of marriage is abhorrent, & thus, avoidable.
He added that Triple talaq makes a distinction on the ground of sex & no amount of advocacy can or will save this repugnant, sinful practice which is contrary to the constitutional provisions.
Nothing can allow wife to become an ex-wife “at the fancy of a husband” & it’s “the highest kind unconstitutional behavior”, Ram Jethmalani said.
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