This position is in consonance with the arguments of the All India Muslim Personal Law Board (AIMPLB), which stated that the exercise of constituting a Constitution bench to ascertain the validity of the instant triple talaq was futile as the judgment of Shamim Ara which in fact was the law of land prior to the present judgment takes away the arbitrariness and gives time for conciliation in case of triple talaq.
But some wonder whether Muslims in poor and rural areas will abide by or even learn of the ruling.
The Constitution guarantees minority communities the right of freely practice and propagate their religion. "After the verdict, I am more certain that my brother and father will marry me off with less fear". The courts observed, in that case, that as long as the holy Quran does not contemplate such divorce, it can not be accepted. She had married the accused six years ago and has three children. She was ill, and her husband of 13 years dropped her at the railway station so she could convalesce at her parents' home.
There are three forms of Talaq- Ahsan, Hasan and Talaq-e-Biddat. The clerics she consulted said her husband was within his rights to divorce her, in absentia, and remarry. This conservative section among the Indian Muslims has actually taken advantage of the silence of the silent majority of moderate Muslims, who might diligently follow Islam but are not vocal enough to protest against the misuse and misinterpretation of the Islamic religion by the conservatives on many occasions. "We didn't go into what the Quran says and how any religious authorities have interpreted it. There is no remedy for women against the practice till a law is framed", Faiz, also the president of Rashtrawadi Muslim Mahila Sangh, said. As the case became more visible, other women recounted their own arbitrary divorces, some delivered via text message or video chat.
"Many of us has suffered this", Fatima added.
The origins of the practice of Instant Triple Talaq can be traced back to the time of the Caliphate of Umar.
"U.P. has the highest number of triple talaq, crores of Muslim women were rejoicing the freedom and thanking Prime Minister Modi", said Siddharth Nath Singh, Health Minister in the Uttar Pradesh government when the judgment was passed. If you want to promote genuine reform in the community, there needs to be a peaceful environment, and that is precisely an issue now.
Some Muslims call the court's ban a violation of Islamic law.
Although religious fundamentalists always argue that Article 25 of the Constitution provides freedom of faith and the government can not create laws that violate it, the title of the Article is "freedom of conscience" and it is "subject to public order, morality and health".
"I hope that the industry put in by the author & publishers in bring out this small but a masterly piece of literature on the Muslim Law of Divorce will not go waste and that the appeal made through this book to the Muslim Scholars of India to restore the pristine purity to the Muslim Divorce Law of Talaq by remedying its innovated forms will not go unheard". The issue as to whether the Court has tested the Muslim Personal Law on the touchstone of Article 14 of the Constitution is what we have to ascertain.
"Our feeling is that the judgment (violates) constitutional guarantees".
Celebrated Indian actress Shabana Azmi said the verdict is a welcome measure as triple talaq does not have religious sanction and is patently unjust and anti-women.
Meanwhile, some worry that regardless of the law, instant divorces will continue.
Leaders across the political spectrum, social activists and top jurists had hailed as a victory of "gender equality" and a "giant step" for women the landmark Supreme Court verdict banning the practice of instant divorce among Muslims.