The Supreme Court on Tuesday held triple talaq being practised by the Muslim community as “unconstitutional”, “arbitrary” and “not part of Islam”.
A five judge constitutional bench by a 3:2 majority judgement said there is no constitutional protection for triple talaq.
Justices Kurien Joseph, Rohinton Fali Nariman and Udey Umesh Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat.
However, Chief Justice J.S. Khehar and Justice S. Abdul Nazir, in a minority judgment, said triple talaq is integral to Islamic practices and enjoys constitutional protection.
Khehar in his judgement urged parliament to pass a law to deal with the issue.
He, however, injuncted Muslim men from pronouncing instant triple talaq for next six months within which he implored the political parties to shed their difference and enact a law.
Under the law which permitted the practice, Muslim men could divorce their wives simply by uttering the word “talaq” three times.