The Indian Supreme Court has suspended a law which allowed Muslim men to divorce their wives by saying “I divorce you” three times. The court found that the “triple talaq” rule was in breach of Articles 14 and 21 of the Indian Constitution which relate to equality and protection of life and liberty. The rule comprised part of Muslim Personal Law. Indian law makes provision for “personal laws” which allow religious communities to govern themselves in most areas of family law. However, a majority of three out of the five judges sitting in the Supreme Court found that the rule did not comprise a fundamental part of practicing Islam. They described the rule as "un-Islamic, arbitrary and unconstitutional".
The applicants in the case were five Muslim woman who had found themselves divorced after their husbands repeated the word “talaq” (Arabic for “divorce”) three times, as well as two human rights groups. They argued that the practice of “triple talaq” allows men to annul marriages in a “capricious” manner which is contrary to the procedures for divorce outlined in the Quran. These arguments were accepted in the majority judgment delivered by Justice Kurien Joseph. He held that the rule was not an essential part of Islam and described it as “manifestly arbitrary”.
The Chief Justice JS Khehar delivered a dissenting judgment, however, in which he set out that the rule, as a matter of personal law, was outside the remit of the court. He recommended that the court issue guidance to parliament to legislate on the matter rather than banning the rule outright.
The judgment was welcomed by Indian Prime Minister Narendra Modi. He had previously voiced opposition to the rule after human rights groups brought attention to cases of women being left destitute after being divorced over Skype or via text message. He tweeted on Tuesday that the ruling was “historic” and “grants equality to Muslim women”.
The judgment can be read in full here.