The Supreme Court on Wednesday adjourned hearing in the Shayara Banu or the “triple talaq case” on September 6. The apex court has observed that this particular “issue of triple talaq has to be examined both on the basis of constitutional framework and earlier verdicts.” A number of Muslim women have been demanding a ban on the practice of men divorcing their wives by just repeating the word ‘talaq’ thrice.
Many claim that this particular practice is ‘un-islamic’ and has been time and again used as a pretext to undergo second marriages. There are allegations that this ritual is a result of misinterpretation of the Sharia Law and Quran. The apex court has asked all the respondents to frame legal issues concerning the matter as the Chief Justice of India has acknowledged it as a serious legal issue.
This case against this practice came to light after a 35 year-old Shayara Banu from Kashipur Uttarakhand, challenged the personal law justice citing her fundamental rights. She has used her case as a basis to challenge the triad of instantaneous triple talaq (talaq-e-bidat), polygamy and halala (a practice where divorced women, in case they want to go back to their husbands, have to consummate a second marriage). Her petition in the Supreme Court makes no mention of the controversial Uniform Civil Code, neither does it ask for codification of the Muslim personal law. She is just seeking equality before law and protection against discrimination on the basis of her gender and religion. She filed this case after being tortured by her husband through her 15 years of marriage where she had to undergo numerous abortions and years of physical violence. Finally, her husband sent her to her father’s home and sent a ‘talaknama’ deserting her.