Апреля 19, 2018


SC suggests govt bring law to address triple talaq issue

19 Мая 2017, 06:21 | Melvin Schneider

India's Supreme Court is the top authority

India's Supreme Court is the top authority

In a last-ditch effort to stave off a drastic overhaul by the courts, the AIMPLB has indicated that it is willing to ask the qazis to provide Muslim women the option of keeping out the much-abused triple talaq practice out of their marriage contracts, and ask for a large amount of alimony.

The Supreme Court on Thursday concluded hearing in the triple talaq issue and reserved its verdict even as the All India Muslim Personal Law Board (AIMPLB) said it has chose to issue an advisory to Qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikaah.

The Bench comprised of five judges from 5 different religions i.e. Hinduism, Sikhism, Islam, Christianity and Parsi. We don't want the court to enter a slippery slope.

Also arguing for the Jamiat Ulema-e-Hind, senior advocate Raju Ramachandran said the judiciary can not take on the mantle and wisdom of religious schools and dictate to a religious community what personal law practices and norms to follow. All these are not in the court's domain. "If it is bad in theology it can not be acceptable?"

Amit Singh Chaddha and Balaji Srinivasan, appearing for petitioner Sharaya Bano, urged the court to declare the instant talaq unconstitutional, arguing that distressed women had no one to turn to except the highest court. Faced with near-certain defeat in the Supreme Court, the AIMPLB has fallen back on the lamest of excuses, claiming that doing away with triple talaq will be viewed as an attempt to infringe on its personal law and could prompt a backlash within the Muslim community. "It is intra-community struggle between men and women because men are more resourceful, earner and educated", he said.

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In his rejoinder arguments while saying that "what was sinful in theology, can't be good in law", senior counsel Salman Khurshid said that he differed with the AIMPLB saying that Islam suffered from patriarchy.

THE Supreme Court on Thursday asked Muslim bodies how can a practice like triple talaq be a matter of "faith" when they have been asserting that it is "patriarchal", "bad in theology" and "sinful". "I have said that if something is a part of personal law, then neither legislation nor courts can interfere", Khurshid told the media here. The CJI then too perused a copy of Quran and told the advocate that triple talaq was "mentioned nowhere in the book". Anything that is admittedly bad in theology (a religious belief) and sinful in religion can never be masquerading as faith.

The report further says that while the four other judges in the Bench engaged the counsel seeking clarifications on doubts over religious practices and customs of the Muslim community, but Justice Nazeer didn't ask any question.

The suggestion to AIMPLB by the court came in the course of the hearing of a batch of petitions challenging the constitutional validity of triple talaq.

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