New Delhi, August 22: All India Majlis-e-Ittehadul Muslimeen president and MP Asaduddin Owaisi said he respects the Supreme Court judgment on triple talaq but implementing it on ground would be a great herculean task. “Triple talaq is a contentious issue and that is why there was no unanimity even among judges of the Constitutional Bench. But we have to respect the judgement,” Asaduddin Owaisi told reporters. (ALSO READ: How Five Men Turned Around The Fate of Millions of Muslim Women)
In a landmark judgement, the five-judge Bench struck down triple talaq by 3:2 majority and termed it void, illegal and unconstitutional. While Justice Kurian Joseph, Justice Rohinton Fali Nariman and Justice Uday Umesh Lalit struck down the practice; Chief Justice JS Khehar and Justice Abdul Nazeer asked Parliament to make a law in this regard.
Attacking Bharatiya Janata Party (BJP), Owaisi said the government wanted Supreme Court to set aside all divorces taking place in the Muslim community. “The BJP wanted to abolish every divorce practice in Muslim community. But the Supreme Court didn’t accept it. The judgment also said personal laws cannot be challenged under the ambit of fundamental rights. However, the government argued saying it can be challenged under the ambit of fundamental rights,” the AIMIM MP said.
Owaisi also said that the All India Muslim Personal Law Board (AIMPLB) had already asked Muslims not to follow the practice of instant divorce.
Both Congress and BJP welcomed the verdict on triple talaq. BJP president Amit Shah said the Supreme court judgment gives the Muslim women in this country a way to live with a sense of equality and self-respect. Backing BJP, Congress spokesperson Randeep Singh Surjewala said the verdict is an affirmation of the rights of the Muslim women.
The minority verdict by CJI Khehar and Justice Nazeer, which favoured keeping on hold the practice of triple talaq for six months, asked the political parties to set aside their differences and help the Centre in coming out with a legislation. The judges in the minority verdict said that if the Centre does not bring a law within six months, then its injunction on triple talaq will continue.
CJI Khehar and Justice Nazeer in their minority verdict expressed hope that the Centre’s legislation will take into account the concerns of Muslim bodies and the Sharia law.
The bench, made up of judges from different religious communities — Sikh, Christian, Parsi, Hindu and Muslim, had heard seven pleas, including five separate petitions filed by Muslim women challenging the prevalent practice of ‘triple talaq’ in the community.
With inputs from PTI