 "Supreme Court's verdict on Triple Talaq: Highlights")
Following are the highlights of the Supreme Court's majority verdict in triple talaq matter:
* The practice of 'triple talaq' is against the basic tenets of the Holy Quran and violated the Islamic law Shariat.
* 'Triple talaq' was "manifestly arbitrary" as the marital tie could be broken "whimsically" by a Muslim man.
* Justice Kurian Joseph said it was extremely difficult to agree with the CJI that triple talaq has to be considered integral to the religious denomination in question and that the same is part of their personal law.
* These views were shared by Justices R F Nariman and U U Lalit who were part of the majority in their own verdict.
* Since 'triple talaq' is instant and irrevocable, there was no scope for reconciliation between the husband and wife.
* 'Triple talaq' was held to be violative of fundamental rights under Article 14 (right to equality) of the Constitution.
* Justice Joseph said the Holy Quran is the "first source of law" and pre-eminence has to be given to it.
* Justice Nariman said 'triple talaq' is only a form of Talaq which is permissible in law, but at the same time stated to be sinful by the Hanafi school which tolerates it.
* Merely because a practice has continued for long, by itself cannot make it valid if it has been expressly declared to be impermissible, says Justice Joseph.
* The practice of 'triple talaq' is against the basic tenets of the Holy Quran and violated the Islamic law Shariat.
* 'Triple talaq' was "manifestly arbitrary" as the marital tie could be broken "whimsically" by a Muslim man.
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* These views were shared by Justices R F Nariman and U U Lalit who were part of the majority in their own verdict.
* Since 'triple talaq' is instant and irrevocable, there was no scope for reconciliation between the husband and wife.
* 'Triple talaq' was held to be violative of fundamental rights under Article 14 (right to equality) of the Constitution.
* Justice Joseph said the Holy Quran is the "first source of law" and pre-eminence has to be given to it.
* Justice Nariman said 'triple talaq' is only a form of Talaq which is permissible in law, but at the same time stated to be sinful by the Hanafi school which tolerates it.
* Merely because a practice has continued for long, by itself cannot make it valid if it has been expressly declared to be impermissible, says Justice Joseph.
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