India court rules against instant divorce

India's top court has ruled the controversial Muslim practice of instant divorce unconstitutional, a major victory for women's rights campaigners.

It has also stayed the practice for six months until the government legislates on it.

Even though the law has been practised for decades, the unilateral instant "triple talaq" divorce finds no mention in Sharia or the Koran.

Islamic scholars say the Koran clearly spells out how to issue a divorce - it has to be spread over three months which allows a couple time for reflection and reconciliation.

Activists say most Islamic countries, including Pakistan and Bangladesh, have banned triple talaq, but it thrives in India.

In recent years, many Muslim men in India have told their wives they are divorcing them - by letter or telephone, and even by text message.

There have also been instances where Skype, WhatsApp or Facebook have been used for the purpose.

Muslims are India's largest minority community with a population of 155 million and their marriages and divorces are governed by the Muslim personal law, ostensibly based on Sharia, or Islamic law.

The law came into force in 1937 and lays out that, in matters of personal dispute, the state shall not interfere.

SOURCE: BBC News