Talaq ul biddatt, is the practice whereby the muslim husband divorces his wife by the pronouncement of talaq in a single sitting. It is irrevocable and does not grant time for reconsideration. Talaq ul biddat or triple talaq as it is often called, does not have any source in the Quran or even in the Sunnat of the Holy Prophet, rather it was legalized during the period of the second calph, Umar. It is not recognized under many sects of muslims including the Shias. The Hanafi school of Sunni law recognizes the legality of this form of talaq but considers it sinful.
The Supreme Court by a majority of 3-2 held that Section 2 of the Shariat Act, 1937, as far as it covers the practice of triple talaq or talaq ul biddat is void as being arbitrary. The majority view held that since this form of pronouncing talaq does not give any chance of reconsideration or arbitration between the parties, it is arbitrary in nature and hence void. The minority view held that the practice of triple talaq is not against the principles enshrined under Articles 14, 15 or 21, it is covered under the protection of Article 25 as not being hit even by the exceptions of public order, health or morality, but it considered issuing an injunction for a period of six months during which the Parliament should pass a law covering the issue.
The Supreme Court by a majority of 3-2 held that Section 2 of the Shariat Act, 1937, as far as it covers the practice of triple talaq or talaq ul biddat is void as being arbitrary. The majority view held that since this form of pronouncing talaq does not give any chance of reconsideration or arbitration between the parties, it is arbitrary in nature and hence void. The minority view held that the practice of triple talaq is not against the principles enshrined under Articles 14, 15 or 21, it is covered under the protection of Article 25 as not being hit even by the exceptions of public order, health or morality, but it considered issuing an injunction for a period of six months during which the Parliament should pass a law covering the issue.
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