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Pointing out that Muslim women were facing discrimination in the name of Triple Talaq, the Kerala High Court observed that even in the Islamic countries across the world had not recognised the practice.
Hearing three separate petitions, Justice Muhammed Mustaq said, “Even Muslim nations have stopped accepting the system and this is not the kind of divorce prescribed by the religion”.
There should be a common law for divorces, the court said and observed that the notion that a common law would go against the rules of Sharia Law was baseless.
The Court also directed to send a copy of the ruling to the Union Law and Justice Ministry and Law Commission demanding a common law for marriages.
“Women will get justice only if marriage laws are unified. For that, new law should be made. At least in divorce, common law should be followed. The anxiety that the Uniform Civil Code will go against Sharia law is false”, the court further said.