Samastha Kerala Jamiyyathul Ulama, one of the biggest religious organisations of the Sunni Muslim scholars and clerics in Kerala, on August 2 moved the Supreme Court challenging the constitutionality of the triple talaq law, saying its only objective is “to punish Muslim husbands”.
The Women (Protection of Rights on Marriage) Act of 2019 makes instant triple talaq a penal offence. It imposes a maximum sentence of three years imprisonment when a Muslim husband pronounces instant triple talaq. The offence is cognizable and non-bailable.
“If the motive was to protect a Muslim wife in an unhappy marriage, no reasonable person can believe that the means to ensure it is by putting an errant husband in jail for three years and create a non-bailable offence for merely saying ‘talaq, talaq, talaq’. Further, the offence is confined only to Muslim husbands.
“It is absurd that for an utterance which has no legal effect, whether spoken by Muslim, Hindu or Christian, it is only the Muslim husband who is penalised with a three-year sentence. Protection of wives cannot be achieved by incarceration of husbands…,” the organisation, represented by advocate Zulfiker Ali P.S., contended.
It urged the court to stay the operation of the ordinance while questioning the haste with which the government promulgated it.
The petition contends that the Supreme Court has already declared the utterance of triple talaq “null and void”. The marriage continues despite the utterance of triple talaq. If triple talaq has thus no legal effect, why should the government go ahead and make it an offence now?
The petition argued that a truly welfare-oriented legislation would promote amicable resolution of matrimonial disputes, regardless of community.
