What is bad in Quran can't be good in Shariat says SC in triple talaq case
The Supreme Court on Tuesday observed that what is bad in Quran cannot be good in Shariat. This observation was made by Justice Kurian Joseph who wrote the majority judgement in which triple talaq was struck down 3:2.
Justice Joseph went on to say that what is bad in theology is bad in law. What is bad in Quran cannot be good in Shariat, he also observed.
He said that there are four sources of Islamic law. Only the Quran is the first source of law, therefore sources other than the Quran are supplement to what is in it. Therefore, there can be nothing more than what is written in the Quran.
Quran attributes permanence to matrimony. Essential steps required before talaq. Triple talaq against tenets of Quran, therefore, violates Shariat. As held in Shamimara, talaq must be after having tried to resolve issues.
Triple talaq not a part of sharia. Freedom of religion is absolute. However, triple talaq being a part of religion is what I disagree with. After 1937 Act, no practice deviating from Quran is valid. I expressly endorse and uphold the law in Shamimara. What is bad in theology is bad in law. What is bad in Quran can't be good in Shariat, Justice Kurian also said.