dglobalnews.com Triple talaq: Salman Khurshid hopes SC will harmonise different views
Published: Thu, May 18, 2017
Medical | By Benjamin Edwards

Triple talaq: Salman Khurshid hopes SC will harmonise different views

Triple talaq: Salman Khurshid hopes SC will harmonise different views

Attorney General Mukul Rohatgi on Wednesday told the Supreme Court that the issue of triple talaq should not be seen as discrimination between majority and minority communities.

After asserting that Triple Talaq can not be branded as unconstitutional, All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal on Tuesday said the Supreme Court should be hearing the matter in the first place.

But the All India Muslim Women Personal Law Board that represents the interests of women from the community has argued that it wasn't fundamental to Islamic tenets.

A five-judge constitution bench led by Chief Justice of India JS Khehar is hearing pleas challenging the practice that allows a Muslim man to end his marriage by uttering the word talaq (I divorce you) thrice in one go. The bench is headed by CJI Khehar and also comprises Justices Kurien Joseph, UU Lalit, RF Nariman and Abdul Nazeer.

Former Union Minister Arif Mohammed Khan had also extensively quoted from the Quran, telling the bench that the Muslim law board had distorted the tenets to ridiculous levels.

In an obvious comparison on the steps taken to reform Hindu practices, as Attorney General referred to the abolition of Sati, infanticide and Devadasi system, Justice Kurian said that all those (abolitions) were legislatively decided.

Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally. But when it is triple talaq, the government raises the question of constitutional morality.

Contesting AIMPLB's claim to be a representative voice of the Muslim community, senior counsel Anand Grover said that Talaq-i-bidat was not an essential part of the Sunni Muslim faith, thus it has been changed in several Sunni-majority countries. Any rational person would agree that the practice of triple talaq needs to be abolished because of the way it results in the abuse of women. The personal law board has said that the harmonising effect can not be done by court and should not be done by court.

The court held that Faizy had never divorced the respondent, Jameela, by pronouncing talaq in accordance with Muslim law.

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Article 25 guarantees the freedom of conscience and free profession, practice and propagation of religion.

Asking the court not to interfere with triple talaq as it was also a matter of faith which the community has practised for 1,400 years since the birth of Islam, senior counsel Yusuf Hatim Muchchala said that though permissible, triple talaq "is a sin and undesirable act, we are trying to educate people" but "it will take some time".

Hinting towards the difference in his and All India Muslim Personal Law Board's (AIMPLB) opinion, amicus curiae in the triple talaq matter Salman Khurshid suggested that the court should harmonise different views so that becomes one acceptable view available for the courts in the country.

There's no denying the fact that triple talaq is a discriminatory practice that treats Muslim women as second-class citizens.

"There is a little difference in my and personal law board's opinion", he said. Women can not pronounce triple talaq and are required to move a court for getting divorce under the Sharia Act, 1937.

"Yes, the Constitution says we will preserve your religion, whatever it is".

Comparing practices in Islamic countries, Rohatgi said that in 25 nations, religion continued to strive even after abolishing triple talaq and hence, this can not be termed as "integral part of Islam".

Due to the scarcity of time Hon'ble Supreme Court of India chose to drop the other two issues and focused on media hyped issue, regarding the constitutionality of triple talaq.

16 February: SC says a five-judge constitution bench would be set up to hear and decide the challenge on "triple talaq", "nikah halala" and polygamy.

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