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The Kerala High Court has ruled in the case of Sajid Muhammedkutty v State of Kerala and Another that ‘Talaq-E-Sunnat,’ an unofficial form of divorce within Islamic tradition, does not qualify as ‘Triple Talaq’ and is therefore not punishable under the laws targeting instant divorce practices. This ruling provides important clarification on the legal treatment of different forms of divorce in Islam.
The case focused on distinguishing between ‘Talaq-E-Sunnat,’ which involves a structured process of divorce over three menstrual cycles, and ‘Triple Talaq,’ which is characterized by the immediate pronouncement of divorce three times in one sitting. The latter practice, often referred to as ‘instant triple talaq,’ was criminalized by the Indian government through the Muslim Women (Protection of Rights on Marriage) Act, 2019, aimed at safeguarding women from unilateral and immediate divorce.
Sajid Muhammedkutty challenged the applicability of this law to ‘Talaq-E-Sunnat,’ arguing that the traditional practice should not be subject to the same legal penalties as ‘Triple Talaq.’ The Kerala High Court agreed with this argument, ruling that ‘Talaq-E-Sunnat’ is a legally recognized and traditional method of divorce that does not fit the criteria for ‘Triple Talaq’ as defined by the legislation.
The court’s judgment underscores the need to differentiate between various divorce practices under Islamic law and those specifically targeted by recent legal reforms. By clarifying this distinction, the ruling aims to ensure that traditional practices are not unjustly penalized under laws designed to address other issues.
This decision is a crucial clarification that will impact the interpretation and enforcement of divorce-related laws in India. The ruling emphasizes accurately defining and addressing different divorce practices within the legal framework.