Supreme Court reserves verdict on Triple Talaq

Supreme Court reserves verdict on Triple Talaq

They have suggested legislation.

Judge Ramesh Bal said the petition is not maintainable either in law or faith.

Giri, however, said that rights and duties of Muslims in India continue to be governed by the Muslim personal law and the Shariat Act has not substituted it nor has it provided for a different set of rights and obligations. The bench in the morning asked the All India Muslim Personal Law Board if it was possible to give the woman the option that the marriage would not be dissolved through triple talaq and whether their advisory would be followed by the Qazis on the ground.

"You can not snatch our right from us", said Mohammad Jafar, a life member of the All India Muslim Personal Law Board, the legal organization opposing the petitions filed in the Supreme Court, in an interview with CNN in February. Women can not pronounce triple talaq and are required to move a court for getting divorce under the Sharia Act, 1937.

"When it comes to Hindu practices and customs, the laws protect them".

AIMPLB also submitted their code of conduct regarding divorce that was released on April 14, 2017.

He strongly objected to the suggestion made by AIMPLB that it may ask "qazis" to include a condition in "nikahnama" (marriage contract) giving a right to women to say either "no" or "yes" to triple talaq.

One of the board's lawyers Yousuf Hathim Muchala told the top court that the advisory of the AIMPLB was not mandatory for all Qazis to follow. Needless to say AIMPLB is being inconsistent in making this argument.

Sibal said: "We all want to change but we don't want somebody else to say that you must change".

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Referring to the attorney general's argument that triple talaq failed to meet constitutional requirements on the grounds of equity and equality, Sibal said matters of faith and belief emerged from mandates of a religion which had been practised for centuries by a community expressing allegiance to that religion.

Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally. Sibal asked the apex court.

Instant talaq stems from "1,400 years of faith of millions", just as the belief that Ram was born in Ayodhya is a matter of faith, board counsel Kapil Sibal said.

Meanwhile, the bench also questioned the AIMPLB on the position of e-divorce given on WhatsApp in Islam.

The apex court also questioned the government on Wednesday as to why it did not legislate the regulation of marriages and divorces among Muslims.

Earlier in the hearing, the apex court refused to hear all the three cases of Polygamy, Nikah and Halala at once, saying it will focus on one matter at a time.

The Supreme Court, rightly points out that the practice of triple talaq was the "worst" and "not desirable" form of dissolution of marriages among Muslims, even though there were schools of thought which termed it as "legal". "I speak for the government and can't speak for parliament", he said reiterating that the top court was guardian of fundamental rights and has to see whether there was any violation of such rights. They can not say we will not have a law and you (court) decide it.

He said that if the right to religion went against the fundamental rights, then it is the Constitution which will prevail over practices like triple talaq. Who are we to question the validity of triple talaq which has been validated by Hadith and held to be valid by a majority of companions of the Prophet? "Substantiating my view with reasons and examples, I asserted that it can not be justified and can not be given law's validation", Khurshid said during the hearing.

Rekha said many women had suffered and continued to suffer due to this practice and that is why NCW wanted it to be done away with.

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