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Bullet points: - Indian constitution directly does not have any instant divorce. - The Indian constitution provides for freedom of religion, and freedom of pr

Bullet points: - Indian constitution directly does not have any instant divorce. - The Indian constitution provides for freedom of religion, and freedom of practice of religious traditions. - The Muslim personal law board's interpretation was the traditional practice of divorce is inherent to Islam, and thus, via freedom of religion, something that muslim men could do with constitutional guarantee. - This was challenged by Shayara Banu, who was thus divorced. The court was asked to rule if this practice was indeed valid. - The court declared 3/2 against this being a core part of Islam, and that the practice itself is cruel, and unconstitutional. For most, this is a victory of simple decency. There are worries that this should have been legislatively dealt with rather than judicially, but on-the-ground truth is that politics of appeasement would mean this option is potentially long and arduous. Right now, muslim women no longer have to worry about instant divorce thanks to this ruling.

thanksgiving 9y ago
> The court declared 3/2 against this being a core part of Islam > For most, this is a victory of simple decency. There are worries that this should have been legislatively dealt with rather than judicially, but on-the-ground truth is that politics of appeasement would mean this option is potentially long and arduous. Right now, muslim women no longer have to worry about instant divorce thanks to this ruling. I just wanted to add a fact so we have some perspective: a quick Google search shows that just under 15% of India identifies as Muslim.
moh_maya 9y ago
[quote] For most, this is a victory of simple decency. There are worries that this should have been legislatively dealt with rather than judicially, but on-the-ground truth is that politics of appeasement would mean this option is potentially long and arduous. Right now, muslim women no longer have to worry about instant divorce thanks to this ruling. [/quote] Apropos this, the 1978 Shah Bano case [1] is relevant. Though the supreme court (in 1978) had ruled the practice illegal, the ruling majority at that time reversed the court's judgement. The political dispensation since then has changed, with the current government advocating against the practice. [1] https://en.wikipedia.org/wiki/Mohd._Ahmed_Khan_v._Shah_Bano_Begum https://en.wikipedia.org/wiki/Mohd._Ahmed_Khan_v._Shah_Bano_...

thanksgiving 9y ago

> The court declared 3/2 against this being a core part of Islam > For most, this is a victory of simple decency. There are worries that this should have been legislatively dealt with rather than judicially, but on-the-ground truth is that politics of appeasement would mean this option is potentially long and arduous. Right now, muslim women no longer have to worry about instant divorce thanks to this ruling. I just wanted to add a fact so we have some perspective: a quick Google search shows that just under 15% of India identifies as Muslim.

moh_maya 9y ago

[quote] For most, this is a victory of simple decency. There are worries that this should have been legislatively dealt with rather than judicially, but on-the-ground truth is that politics of appeasement would mean this option is potentially long and arduous. Right now, muslim women no longer have to worry about instant divorce thanks to this ruling. [/quote] Apropos this, the 1978 Shah Bano case [1] is relevant. Though the supreme court (in 1978) had ruled the practice illegal, the ruling majority at that time reversed the court's judgement. The political dispensation since then has changed, with the current government advocating against the practice. [1] https://en.wikipedia.org/wiki/Mohd._Ahmed_Khan_v._Shah_Bano_Begum https://en.wikipedia.org/wiki/Mohd._Ahmed_Khan_v._Shah_Bano_...