A Nuanced Judgment

Noorjehan Saphia Niaz (centre) and other women celebrating the Supreme Court judgment on triple talaq at the BMMA’s office in Mumbai on August 22. Photo: Arunangsu Roy Chowdhury
September 5, 2017

There is a history of Muslim women fighting for their rights within Muslim law. Justice Kurian Joseph’s judgment recognises this female interpretative authority, allowing Muslim women in India to enjoy both their right to equality and their right to faith under the Indian Constitution. By ROHIT DE

The Supreme Court of India gave three judgments when asked to consider the constitutional validity of the practice of talaq-e-bidat, or instant triple talaq. The judgments of Justices Rohinton F. Nariman and U.U. Lalit, which find the practice violative of the Indian Constitution, have been widely praised, while that of Chief Justice J.S. Khehar and Justice Abdul Nazeer, holding that personal laws are protected from constitutional scrutiny, has been criticised.

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