India’s top court on Tuesday struck down the controversial Islamic practice that allows men to divorce their wives instantly by a 3:2 majority, deeming it “unconstitutional”.
A panel of Supreme Court (SC) judges said that the practice, known as “triple talaq”, “is not integral to religious practice and violates constitutional morality”.
Indian Chief Justice JS Khehar asked the government to bring legislation in six months to govern marriage and divorce in the Muslim community, Times of India reported.
The SC said triple talaq violates the fundamental right of Muslim women as it irrevocably ends the marriage.
Under the law which permitted the practice, Muslim men could divorce their wives simply by uttering the word “talaq” three times.
India’s religious minorities, including its 155 million Muslims, are governed by personal laws that are meant to enshrine their religious freedom in Hindu-majority India.
But women have said the Muslim Personal Law Application Act, which is based on Sharia law and permitted triple talaq, is being misused, allowing men to instantly walk away from their families.
