Historic decision of Nepal's Supreme Court - Cancellation of recognition of triple talaq

Triple Talaq Bill: The Supreme Court of Nepal has canceled the recognition of triple talaq. The Supreme Court has said that Muslims do not have the privilege to divorce. According to the information, the Supreme Court of Nepal has given a historic decision saying that the practice of triple talaq cannot be recognized in the Islamic community. The court has said in its decision that according to the current laws of Nepal, apart from divorce, other customary and community-specific arrangements cannot be accepted. The court said in clear words that divorce given on the basis of Islamic Sharia law is injustice to women.

Joint bench talked about implementing uniform law

The decision by a joint bench of Supreme Court judges Tank Bahadur Moktan and Hari Prasad Fuyal states that there is no exemption for second marriage in Nepal on the basis of divorce granted as per Islamic belief. The court has said that uniform law should apply to men of all religions and religious beliefs.

This decision of Supreme Court on divorce and polygamy

While improving the decision of lower courts on the petition filed by his first wife Saviya Tanveer Hasan against Kathmandu resident Munawwar Hasan regarding recognition of second marriage after divorce, the Supreme Court has made it clear that there is a difference between divorce and polygamy. The court said that polygamy is a legal crime in Nepal and on the basis of Islamic beliefs, marriage after divorce will be considered as polygamy. The court said that there is no mention in the Quran of discriminating against women and giving privileges to men, hence the very context of triple talaq is wrong.

Mentioned the decision of the Supreme Court of India

Referring to the decision given by the Supreme Court of India regarding triple talaq, the Supreme Court of Nepal has said that the Supreme Court of India has also declared triple talaq unconstitutional. On the basis of that decision, the Supreme Court of Nepal has also considered the issue of 'talaq-e-viddat' as a criminal act and declared it illegal.