Triple talaq: Supreme Court says Islam cannot be anti-Quran

Instant triple talaq was struck down by a 3:2 majority on Wednesday. Justice Kurian Joseph who was part of the majority while striking down the practise observed that Islam cannot be anti-Quran. Justice Joseph made his point in 26 pages out of the 395 page verdict.

Justice Jopesh and Justices R F Nariman and U U Lalit were on the same page while delivering the verdict. Chief Justice J S Khehar authored the minority judgment for himself and Justice Abdul Nazeer.Justice Joseph made his point in 26 pages out of the 395 page verdict. Justice Jopesh and Justices R F Nariman and U U Lalit were on the same page while delivering the verdict. Chief Justice J S Khehar authored the minority judgment for himself and Justice Abdul Nazeer.

Justice Joseph held that triple talaq is against the tenets of the holy Quran. He said that the practise is violative in nature. He cited the two judge Bench Shamin Ara vs the state of Uttar Pradesh verdict in which it was held that triple talaq lacked legal sanctity. "Islam cannot be anti-Quran," he said while adding that Quran has to be the primary source of Islamic law and that hadith, ijma or qiyas were to only supplement Quran. "I make an attempt to see what the Quran states on talaq," he said while citing from the three chapters in the Quran that describes talaq.

"The Holy Quran has attributed sanctity and permanence to matrimony. However, in extremely unavoidable situations, talaq is permissible. But an attempt for reconciliation and if it succeeds, then revocation are the Quranic essential steps before talaq attains finality. In triple talaq, this door is closed, hence, triple talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat."

"To freely profess, practice and propagate religion of one's choice is a fundamental right guaranteed under the Indian Constitution" but anything which is against the tenets of Quran could not be accorded protection of the law. "Merely because a practice has continued for long, that by itself cannot make it valid if it has been expressly declared to be impermissible there cannot be any Constitutional protection to such a practice. What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well," Justice Joseph said.