Question
In which of the following case, the court held that,
“Divorce is good in law though bad in theology.”Solution
Shayara Bano Vs. UOI 2017 The SC struck down Triple talaq as unconstitutional by 3: 2 majority. However, the majority view of Justices Kurian Joseph, RF Nariman, UU Lalit was that – “what is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well.” The Supreme Court struck down the practice of saying “talaq”, or divorce, three times in one go, as arbitrary and unconstitutional, and said it violated women’s right to equality and was against the tenets of Islam.
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