NEW DELHI: Now as the Supreme Court set aside Triple Talaq or Talaq-e-Bida’at, it is being presumed that the Central Government may immediately challenge two other forms of Islamic divorces i.e ‘Talaq-e-Hasan & Talaq-e-Ahsan. This has been indicated in the judgment of Supreme Court itself.
Copy of the order has noted “It is also necessary for us to recount an interesting incident that occurred during the course of hearing. The learned Attorney General having assisted this Court in the manner recounted above, was emphatic that the other procedures available to Muslim men for obtaining divorce, such as ‘talaq-e-ahsan’ and ‘talaq-e-hasan’ were also liable to be declared as unconstitutional, for the same reasons as have been expressed with reference to ‘talaq-e-biddat’.”
So, the intention of Central Government is very much clear that it wants to target all forms of Islamic divorce. Court did not entertain the government in this case and restricted the petition to ‘Triple Talaq’ only, which is also concerned by many Muslims as ‘Talaq e Bid’at’.
Government took a stand, the grounds on which ‘Triple Talaq’ has been declared as invalid may also be invoked to declare two other prevalent and more acceptable forms of divorce.
This clearly indicates the Central Government declaring that Muslims of India must not follow ‘Shariat Law’ in the matters of Talaq, but the rules which will be made in Parliament.
The government feels that Islamic divorce laws are unilateral and against gender justice as only husband has absolute rights and powers to pronounce Talaq, while the wife has no say in it.
But as the learned court noted in the verdict that Attorney General asserted two other Islamic forms of divorces are also unconstitutional, this may mock those Muslims who opposed Triple Talaq, or the pronouncement of Talaq thrice in one meeting.
However they are of the opinion that Muslims must observe the other two forms of Talaq, i.e Talaq e Hasan and Talaq e Ahsan, in which divorce is given in three consecutive months, and each Talaq in one sitting is considered as one.
Government of India has an intention to challenge all forms of Islamic Talaq. It was observed in the SC verdict “It was contended (by the Attorney General) that the challenge to ‘Talaq-e-Ahsan’ and ‘Talaq-e-Hasan’ would follow immediately after this court had rendered it’s pronouncement with reference to ‘Talaq-e-Bid’at’.”