Indian Court Strikes Down Instant Divorce Among Sunni Muslims

© AFP 2022 / PUNIT PARANJPEIndian Muslims take part in a protest rally against the implementation of a Uniform Civil Code in Mumbai on October 20, 2016
Indian Muslims take part in a protest rally against the implementation of a Uniform Civil Code in Mumbai on October 20, 2016 - Sputnik International
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An Indian court has tried to address the insecurity faced by thousands of Indian Muslim women by striking down the custom of instant divorce. The court gave its orders on a petition filed by thousands of aggrieved women and civil society activists.

New Delhi (Sputnik) − Hearing a petition on social security of Sunni women, an Indian court has come down heavily on the tradition of triple talaq (instant divorce), and termed this as cruel and demeaning.

"Muslim law, as applied in India, has taken a course contrary to the spirit of what the Prophet or the Holy Quran laid down and the same misconception vitiates the law dealing with the wife's right to divorce", said a single-judge bench of Allahabad High Court.

Triple talaq is a practice among Indian Muslims where men can divorce by verbally stating their intention three times i.e. "divorce, divorce, divorce." Muslim men can utter these words at any time, and by any medium including telephone, text message or even via social media post.

​"The instant divorce though has been deprecated and not followed by all sects of Muslim community in the country. It however is cruel and the most demeaning form of divorce practiced by the Muslim community at large. Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quran. Personal laws of any community cannot claim supremacy over the rights granted to individuals by the Constitution," the Allahabad High Court said.

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