Chief Justice JS Khehar and Justice Abdul Nazeer who voted to uphold the practice, said that while triple talaq "may be sinful", the court can not interfere in personal laws which have the fundamental rights status according to the constitution.
Congress vice president Rahul Gandhi on Tuesday led the party in welcoming the SC's verdict on triple talaq even as AIMIM chief Asaduddin Owaisi maintained that implementing the judgment would prove to be an "herculean task".
The Constitutional Bench of five judges said in their 395-page order, "Due to the various votes recorded through the majority of 3:2, -Talaq-e-Biddat and triple talaq will be treated as unconstitutional".
The SC, which began hearing petitions challenging the practice on May 11, had reserved its verdict on May 18.
The Centre is unlikely to rush into getting Parliament to pass a legislation following the Supreme Court's verdict declaring Islamic instant divorce law as arbitrary and unconstitutional. Also, Muslim men will no longer be able to control lives of their wives by intimidating them with the practice of triple talaq. Here are some of the significant points raised by the judges:Justice Kurian Joseph: There are four sources of Islamic law.
"Earlier the apex court gave progressive decisions but politicians of yesteryears lacked the vision to support its (courts) decisions in making more equitable and inclusive society by not treating Muslim women at par with women of other communities", she added.
However, the All India Muslim Personal Law Board has opposed the decision saying that it is a religious matter and courts can not give their verdict on it. "We have to respect the judgment". The bench, in which there were judges from five faiths, had heard arguments for and against the practice of triple talaq for six days during the summer vacation. "It grants equality to Muslim women and is a powerful measure for women empowerment", the Prime Minister said.
The petitioners had claimed that the practice of "Triple Talaq" is unconstitutional.
More than 20 Muslim countries, including neighboring Pakistan and Bangladesh, have banned the practice. (Photo: IANS) New Delhi: Supreme Court lawyer fighting against the provision of triple talaq Farha Faiz talks to the press after the court's hearing on Triple Talaq in New Delhi on Aug 22, 2017.
Women's rights activists and victims have hailed the court's decision as a historic win.