Triple Talaq Case: SC Will Continue Hearing Today

Without losing a moment, Rohatgi told the bench that if they strike down all three practices - triple talaq, nikah halala and polygamy, then the government will bring a new law.

Appearing for the AIMPLB, senior advocate Kapil Sibal questioned how could Triple Talaq be un-Islamic when it has been in practice for 1,400 years.

"The scope of reference had all the three issues, that is divorce, nikah halala, polygamy".

A five-judge bench of the apex court further observed that it would not hear polygamy issue along with the triple talaq case.

The Centre yesterday assured the apex court that it will come out with a law to regulate marriage and divorce among Muslims if Triple Talaq was upheld as invalid.

"It will be dealt in future", the bench clarified when the AG asked the bench to clear if these are still open.

But once marriage and divorce is separated from religion, in this case under Section 2 of the 1937 Act, these practices of talaq no more enjoy the protection of Article 25 [freedom of religion] of the Constitution.

'Family and social norms could never be tested with the touchstone of Constitutional morality, ' Sibal argued vociferously, rejecting the Centre's plea in this regard and asked 'if both marriage and divorce are contracts in Islam, why should others have a problem with it, especially when it is practiced for 1,400 years?' Who are we to say that this is un-Islamic.

"No doubt that Triple talaq is very hard for women but there is a board for Islamic law".




Sibal said billions of words have been written on the debate over validity of triple talaq and it would be "hazardous" to interpret them within six days by the apex court.

The Supreme Court will today continue the hearing on the Triple Talaq matter.

Supporting the position of closure the act of triple talaq, the Allahabad High Court had before declared that the privileges of any individual, including Muslim ladies, can't be damaged for the sake of "individual law".

"What religious practices are essential to a particular religion or faith is hard to define for this court".

The AIMPLB counsel said the age-old practice was "part of my faith and you can not determine what should be my faith". But Prime Minister Narendra Modi disagrees and previous year waded into a controversy by saying he believed it was destroying women's lives, with Muslims making up about 13 percent of the country's 1.2 billion people. He said the term "constitutional morality" includes secularism, dignity and non-discrimination.

More than 90 percent of Muslim women surveyed in 2015 by Bharatiya Muslim Mahila Andolan (BMMA), which campaigns for women's rights, wanted an end to triple talaq and polygamy.

"Triple talaq is unlawful".

The bench insisted that the government has to prove that this practice of triple talaq was not essential to Islam and only then can it delve further into other aspects.

On Friday, the bench called the practice of triple talaq the "worst" and "not desirable" form of dissolution of marriages among Muslims.

(Copyright © 2015. All Rights Reserved.)
 
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