Prophet declared divorce as most disliked of lawful things: Supreme Court

"Indeed, Prophet Mahomed had declared divorce to be the most disliked of lawful things in the sight of God. The reason for this is not far to seek. Divorce breaks the marital tie which is fundamental to family life in Islam," said Justice R F Nariman.

By: PTI | New Delhi | Published: August 22, 2017 8:02 pm
triple talaq case, triple talaq case news, Holy prophet on triple talaq, prophet on talaq, Supreme court, muslim law and talaq, india news, national news The five-judge Constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar was in minority, said the practice of “‘talaq-e-biddat’ – triple talaq is set aside”.

The Holy Prophet had declared divorce to be the most disliked among the lawful things in the eyes of God as it broke the marital tie which is fundamental to family life in Islam, the Supreme Court on Tuesday said. Justice R F Nariman, who wrote one of the two separate majority judgements, said divorce not only disrupted the marital tie between man and woman, but had severe psychological and other repercussions on the children from such marriage.

Justice Nariman, whose views were concurred with by Justice U U Lalit, noted that marriage in Islam was a contract, and like other contracts, it could be terminated under certain circumstances.

“There is something astonishingly modern about this – no public declaration is a condition precedent to the validity of a Muslim marriage, nor is any religious ceremony deemed absolutely essential though they are usually carried out,” he said.

“Apparently, before the time of Prophet Mahomed, the pagan Arab was absolutely free to repudiate his wife on a mere whim, but after the advent of Islam, divorce was permitted to a man if his wife by her indocility or bad character rendered marital life impossible,” Justice Nariman said.

In the absence of good reason, no man can justify a divorce “for he then draws upon himself the curse of God.

“Indeed, Prophet Mahomed had declared divorce to be the most disliked of lawful things in the sight of God. The reason for this is not far to seek. Divorce breaks the marital tie which is fundamental to family life in Islam,” Justice Nariman said.

The five-judge Constitution bench, by a majority of 3:2 in which Chief Justice J S Khehar was in minority, said the practice of “‘talaq-e-biddat’ – triple talaq is set aside”.

The two separate judgements, written for majority by Justices Kurian Joseph and R F Nariman, did not concur with the CJI and Justice S Abdul Nazeer that ‘triple talaq’ was a part of religious practice and the government should step and come out with a law.

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  1. B
    Bharat
    Aug 22, 2017 at 9:30 pm
    Nothing great it's banned in Pakistan and other Islamic countries ... Turkey has outright thrown shariah out of the window ....
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      Bharat
      Aug 22, 2017 at 9:28 pm
      Bhaiyya propet mommad wanted to marry his sons wife so in lust he invented this law and got married to his lust .... He lusted for her when he saw her naked .... Hence women must always wear a burkha or be fully clad because they can drive a man's mind crazy .... They are Shaitan ... Hence Islamic laws are always according one half point more to a man than a woman in a shariah court .... It's biased from the beginning .... Upto 4 women can be married so it's polygamous in nature ....
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      1. Ashutosh Kumar
        Aug 22, 2017 at 9:08 pm
        Can't understand as to why the CJI ( a Sikh, you seemto have forgotten Guru Nanak's teachings) and Justice Nazeer can not be "just" ! You are still living in the 7th century ! What are you two gentlemen afraid of ? Is it the fear of losing the abhorrent grip on women ? What has happened to equality before law, my friends ?! You have thrown the 21st century out the window !! Instead of being progressive you choose to be regressive !!! I am in my 89th year in this world (and I thank the Almighty for that). I have seen the society develop over the decades. How come you got left out? Was it because you kept hiding behind the curtain of 7th century laws- but for what ?? That eclipse is long over. Come out in the sunlight and live a peaceful life.Give relief both to your own troubled souls and to the souls at large. If you cant' then, resign from your lofty posts and leave us to live a progressive life, in peace. God will help you. Shame on you otherwise !!
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