Triple talaq still valid as per Islamic code, Supreme Court verdict violates Shariah: Jamiat Ulama-i-Hind
New Delhi: The Jamiat Ulema-i-Hind opposes the Supreme Court’s verdict that affected the practice of the “triple Talaq” instant 1400 years among Sunni Muslims.
Jamiat Ulema-i-Hind described the decision of the apex court as a violation of Sharia law and a matter of “grave concern” by the Muslim community.
Taking a difficult position, the general secretary of Jamiat Maulana Mahmood Madani said the triple snapshot Talaq was still valid according to the Islamic code, although the Supreme Court declared unconstitutional by its own right.
“Even now, if someone administers Talaq snapshot, it will go into effect for sharia for those who believe that,” he told reporters.
A constitutional court of five judges, a 3: 2 majority in which the main justice JS Khehar was in the minority, said in a single command: “Taking into account the different views recorded by a majority of 3: 2 The practice of ‘Talaq-e-biddat’ or triple Talaq is left out. ”
With the triple Talaq set aside, Sunni Muslims, including the practice was widespread, can not use this method, since it would be “ab initio empty” (illegal from the beginning).
Now they are left with two other modes of divorce – ‘Talaq Hasan’ and ‘ahsan Talaq’ after the maximum court had set aside the triple Talaq.
In “Talaq ahsan,” a Muslim man may divorce his husband by saying “Talaq” once a month in three consecutive months, which would be attended by cycles of menstruation.
According to divorce ‘talaq Hasan’ can be given by the pronunciation of talaq “during successive tymmes (menstrual cycles)” without sex in one of three tuhrs.
Supreme Court President JS Khehar and Judge Abdul S Nazeer who constitute the minority in the constitutional bank of five banks have ordered a precautionary measure in the triple Talaq for at least six months – when the government should consider measures to introduce legislation on the subject .
The other three judges did not agree.
“Taking into account the different points of view recorded by a 3: 2 majority, practicing Talaq-e-biddat – Triple Talaq – is set aside,” the court including judges Khehar, Kurian Joseph, Rohinton F Nariman, UU Lalit and Abdul Nazeer said in the final paragraph of the 395-page decision.
The highest court ruled on a petition filed by a Muslim woman Shayara Bano accompanied by a group of Muslims and four other women.