Indian court rules ancient Muslim divorce law 'unconstitutional'

A burqa clad Indian woman checks her phone at a street in Hyderabad, India. Picture: Mahesh Kumar/AP

A burqa clad Indian woman checks her phone at a street in Hyderabad, India. Picture: Mahesh Kumar/AP

Published Aug 22, 2017

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New Delhi - India's Supreme Court on

Tuesday ruled a controversial Muslim quick divorce law

"unconstitutional", a landmark victory for Muslim women who had

long argued that it violated their right to equality.

The law allows Muslim men to divorce their wives simply by

uttering the word "talaq" three times. Muslim women say they

have been left destitute by husbands divorcing them through

"triple talaq", including by Skype and WhatsApp.

Three of the five judges hearing a case questioning the

legality of the law ruled it was unconstitutional, effectively

ending its legal practice.

The court's verdict was marred by confusion initially, with

the senior judge, the chief justice of India, announcing that

his opinion was to suspend the practice and ask the government

to come up with a new law within six months.

He was overruled by the three judges who said it was

unconstitutional.

"Finally I feel free today. I have the order that will

liberate many Muslim women," Shayara Bano, one of the women who

brought the case, told Reuters after the ruling.

Triple talaq is banned in several Muslim countries,

including in neighbouring Pakistan and conservative Saudi

Arabia.

Debate over the law has pitted an unlikely coalition of

Muslim women, Prime Minister Narendra Modi and his ruling Hindu

nationalist party which wanted the law quashed, against some

Muslim groups which say the state has no right to interfere in

religious matters.

Some fear that the Hindu majority is trying to counter

Islamic influence in society.

India allows religious institutions to govern matters of

personal law - marriage, divorce and property inheritance -

through civil codes designed to protect the independence of

religious communities, including of minority Muslims. 

Reuters

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