New Delhi: What is not permissible under Quran can't be protected by the Constitution, the Supreme Court ruled on Monday. With this statement, the apex court of India laid to rest the practice of triple talaq. Let’s take a look at some quotes that defined the historic judgment.
Justice Kurian Joseph: There are four sources of Islamic law. Only the Quran is the first source of law, therefore sources other than the Quran are a supplement to what is in it. Therefore, there can be nothing more than what is written in the Quran... Quran attributes permanence to matrimony. Essential steps required before talaq. Triple talaq against tenets of Quran, therefore, violates Shariat.
Justice UU Lalit: Endorsed the view of Justice Kurien.
Justice Rohinton Fali Nariman: It is a disapproved form of divorce. Even the Hanafi law says triple talaq is sinful. 1937 Act recognizes triple talaq and therefore does not violate Article 13... Triple Talaq won’t fall within confines of Article 13(1)... It is not possible for the court to fold his hands when petitioners come to court. Court has to declare whether practice is legal or not
CJI Khehar: Triple Talaq is important to Sunnis of Hanafi school, has to be accepted as important to their culture...Triple talaq does not violate article 25, 14 and 21 of the Constitution... Practice being a constituent of personal law, it can't be set aside on the grounds of constitution morality by judicial intervention. Legislative intervention needs to be followed in respect of triple talaq if it has to be set aside
Justice S Abdul Nazeer: Endorsed the view of CJI Khehar.