Triple talaq still valid as per Islamic code, Supreme Court verdict violates Shariah: Jamiat Ulama-i-Hind

The Supreme Court on Tuesday by a 3-2 decision struck down the centuries-old practice of instant triple talaq among Indian Muslims as unconstitutional.

New Delhi: The Jamiat Ulama-i-Hind has opposed the path-breaking Supreme Court verdict striking down the 1,400-year-old practice of instant 'triple talaq' among Sunni Muslims.

Jamiat Ulama-i-Hind described the apex court decision as violative of the "Shariah" and a matter of "grave concern" for the Muslim community.

Taking a defiant stand, Jamiat general secretary Maulana Mahmood Madani said instant triple talaq was still valid as per the Islamic code notwithstanding the Supreme Court declaring it as unconstitutional and void in law.

"Even now, if a man administers instant talaq, it will come into effect as per Shariah for those who believe in it," he told reporters here.

A five-judge Constitution bench, by a majority of 3:2 in which the Chief Justice JS Khehar found himself in a minority, said in a one line order: "In view of the different opinions recorded by a majority of 3:2, the practice of 'talaq-e-biddat' or triple talaq is set aside."

With triple talaq being set aside, now Sunni Muslims, among whom the practice was prevalent, will not be able to take recourse to this mode as it would be "void ab initio" (illegal at the outset).

They are now left with two other modes of securing divorce - 'talaq hasan' and 'talaq ahsan' after the apex court today set aside the triple talaq.

Under 'talaq ahsan', a Muslim man can divorce his spouse by pronouncing 'talaq' once every month in three consecutive months, which would be signified by menstruation cycles.

As per 'talaq hasan', divorce can be given by pronouncing talaq "during successive tuhrs (menstruation cycles)" with no intercourse during any of the three tuhrs.

Chief Justice JS Khehar and Justice S Abdul Nazeer constituting the minority in the five-bench Constitutional bench ordered an injunction on triple talaq at least for six months -- by when the government should consider steps to initiate legislation on the issue.

The other three judges disagreed.

"In view of the different opinions recorded, by a majority of 3:2 the practice of talaq-e-biddat - triple talaq - is set aside," the bench comprising Justices Khehar, Kurian Joseph, Rohinton F Nariman, UU Lalit and Abdul Nazeer said in the concluding para of the 395-page ruling.

The apex court gave its judgment on a petition filed by Muslim woman Shayara Bano, joined by a Muslim group and four other women.