The minority opinion of Justices J S Khehar and Abdul Nazeer on the question of the validity of triple talaq found the practice discriminatory. Yet, it advocates instant triple talaq’s protection by holding that “the stature of ‘personal law’ is that of a fundamental right”. The majority opinion of Justices R F Nariman, U U Lalit and Kurian Joseph adopted different reasons to invalidate instant triple talaq. He finds the Muslim Personal Law (Shariat) Application Act, 1937, had codified all Muslim personal law, including the practice of triple talaq, which rendered itself to constitutional scrutiny. The second strand of the majority opinion from Justice Joseph offered a crisp reasoning to invalidate instant triple talaq as un-Islamic.

Source: Economic Times August 26, 2017 06:03 UTC