What’s Clear & What’s Not Clear in SC’s Triple Talaq Judgement

The validity of triple talaq was struck down with a majority of the 3:2 split within the five-judge bench.

The validity of triple talaq was struck down by Supreme Court on 22 August.

(Photo: The Quint/Liju Joseph)

In a landmark judgement, a five-judge bench of the Supreme Court on Tuesday struck down the practice of instant triple talaq. The bench declared the practice as “un-Islamic, retrograde and unworthy” and described it as a “violation to the right to equality.”

The validity of the triple talaq was hence struck down with the majority of a 3:2 split within the five-judge bench.

The 395-page court document includes three different judgements contradict each other on terminological definitions (talaq e-biddat, triple talaq or instant talaq?), what constitutes Shariat and whether personal law can be regulated by the Constitution.

So is the practice of triple talaq unconstitutional? Is the government going to pass a new law? There are so many unanswered questions that loom over the judgement.

Here’s what is clear and what is not clear in the triple talaq judgement.

Also Read: Triple Talaq: 5 Judges, 3 Views, 1 Order, But Why No Clarity?

Also Read: Big Questions Answered: Decoding SC’s Triple Talaq Verdict

Also Read: SC Strikes Down Triple Talaq, But Does Little for Gender Justice

Also Read: Is Triple Talaq Her Biggest Concern? Wonders a Practising Muslimah