India’s top court bans Islamic instant divorce

Indian Muslim women at a rally to oppose the Uniform Civil Code (UCC) that would outlaw the practice of “triple talaq” in Ahmedabad, on November 4, 2016. (AFP)
Updated 22 August 2017
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India’s top court bans Islamic instant divorce

NEW DELHI: India’s top court on Tuesday banned a controversial Islamic practice that allows men to divorce their wives instantly, ending a long tradition that many Muslim women had fiercely opposed.
The Supreme Court ruled that the practice of “triple talaq,” whereby Muslim men can divorce their wives by reciting the word talaq (divorce) three times, was both unconstitutional and un-Islamic.
Victims including Shayara Bano, whose husband used triple talaq to divorce her by letter in 2015, had approached India’s highest court to ask for a ruling.
A panel of five judges from India’s major faiths — Hinduism, Christianity, Islam, Sikhism and Zoroastrianism — said triple talaq was “not integral to religious practice and violates constitutional morality.”
They said it was “manifestly arbitrary” to allow a man to “break down (a) marriage whimsically and capriciously.”
“What is sinful under religion cannot be valid under law,” said the judges.
Bano, who suffered a nervous breakdown after her divorce, said it was a “historic occasion” for Muslim women.
“I appeal to the people to not politicize this issue and accept Supreme Court’s verdict on triple talaq,” she told reporters outside the court.
“I have felt the pain when family breaks. I hope no one has to go through this situation in future.”
India, which is officially secular, is one of the few nations that legally permitted the practice, which is banned in neighboring Bangladesh.
India allows religious institutions to govern matters of marriage, divorce and property inheritance in the multi-faith nation, enshrining triple talaq as a legal avenue for its 180 million Muslims to end unions.
But the Hindu nationalist government of Prime Minister Narendra Modi had backed the petitioners in this landmark case, declaring triple talaq unconstitutional and discriminatory against women.
Modi’s ruling Bharatiya Janata Party has long pushed for a uniform civil code, governing Indians of all religions, to be enforced.
Maneka Gandhi, India’s minister for women and children, said the ruling was a “giant step for women.”
“Divorce is a very, very important part of a woman’s life,” she said in an interview with the News18 television channel.
“This makes her as equal as she is entitled to be under the constitution.”
The All India Muslim Personal Law Board (AIMPLB), a grouping of Islamic organizations, had opposed any efforts to ban triple talaq.
The board said the practice was “reprehensible” but should not be a matter for the courts or the government.
Some Islamic scholars say there is no mention of instant divorce in the Qur’an, which instead details a different process based on mediation.
The practice had been challenged in lower courts but it was the first time India’s Supreme Court had considered whether triple talaq was legal.


Nepal’s rapper-turned-politician takes early lead in key polls

Updated 5 sec ago
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Nepal’s rapper-turned-politician takes early lead in key polls

  • The polls are one of the most hotly contested elections in the Himalayan republic of 30 million people since the end of a civil war in 2006

Nepal’s centrist party of rapper-turned-politician Balendra Shah took an early lead in the high-stakes parliamentary election on Friday, as slow counting continued after the first polls since last year’s deadly uprising.
But despite Shah’s party loyalists dancing on the streets of Katmandu in celebration — the numbers of votes counted remain too low to be confident that it will translate into concrete wins.
By Friday afternoon, 24 hours after polls closed, early trends issued by the Election Commission put Shah’s Rastriya Swatantra Party ahead.

HIGHLIGHT

Alongside Shah, key figures vying for power include Marxist leader KP Sharma Oli, four-time prime minister who was ousted by the September 2025 anti-corruption protests, and the newly elected leader of the Nepali Congress party, Gagan Thapa.

Alongside Shah, key figures vying for power include Marxist leader KP Sharma Oli, four-time prime minister who was ousted by the September 2025 anti-corruption protests, and the newly elected leader of the Nepali Congress party, Gagan Thapa.
At 5:00 p.m. (1115 GMT), RSP was leading in more than half of the 165 constituencies.
But there were only two declared results, and RSP had been confirmed only in one, the same as Nepali Congress.
Prakash Nyupane, a spokesman for the Election Commission, said that counting was ongoing “in a peaceful manner” across the Himalayan nation, from snowbound high-altitude mountain regions to the hot plains bordering India.
Voters have chosen who replaces the interim government in place since the September 2025 uprising, in which at least 77 people were killed, and parliament and scores of government buildings were torched.
Youth-led protests under a loose Gen Z banner began as a demonstration against a brief social media ban, but were fed by wider grievances at corruption and a woeful economy.
Kunda Dixit, publisher of the weekly Nepali Times, told AFP that if trends did reflect final wins, the political shift was dramatic.
“This is even a bigger upset than we expected — it underscores the level of public disenchantment with the old parties for under-performance, as well as anger over the events of September,” he said.

 ‘Fate of the country’ 

The polls are one of the most hotly contested elections in the Himalayan republic of 30 million people since the end of a civil war in 2006.
All eyes are watching the results in the key head-to-head battleground constituency of Jhapa-5, a usually sleepy eastern district, where 35-year-old Shah challenged directly the veteran Oli, aged 74.
Shah, better known as Balen, snappily dressed in a black suit and sunglasses, has cast himself as a symbol of youth-driven political change.
At 5 p.m. local time, at 10 percent of the votes counted in Jhapa-5, Shah was ahead by nearly five times as many votes as Oli.
Soldiers with armored trucks manned barbed wire barricades around the counting center in Jhapa.
“I hope this result changes the fate of the country for the better,” Bhagawati Adhikari, 38, told AFP, who was among a crowd of dozens at Jhapa gathered outside the security cordon.
“The country should be peaceful and secure, youth should get opportunities, corruption should stop — that’s my appeal.”

’Rest peacefully’ 

More than 3,400 candidates ran for 165 seats in direct elections to the 275-member House of Representatives, the lower chamber of parliament, with 110 more chosen via party lists. Turnout was 59 percent.
Full nationwide tallies could take several days.
Dixit raised the possibility that Shah’s RSP could stage a dramatic win.
“If RSP hits the magic 138 seats, Balen will become prime minister — and hopefully a cabinet of technocrats,” added Dixit.
Sushila Karki, the interim prime minister, praised the peaceful conduct of a vote she has said was critical in “determining our future.”
Karki, a 73-year-old former chief justice who reluctantly left retirement to lead the nation, now faces the challenge of managing the reaction to results.
The election saw a wave of younger candidates promising to tackle Nepal’s dismal economy, challenging veteran politicians who have dominated for decades and argue that their experience guarantees stability and security.
In Jhapa, 68-year-old shopkeeper Ved Prasad Mainali sat listening to a radio.