Triple talaq matter of faith like Rama's birth place: AIMPLB

Triple talaq matter of faith like Rama's birth place: AIMPLB

Rohatgi's statement was in response to the court asking him what a Muslim man can do to end the marriage if triple talaq is struck down.

At the outset, Mr. Khehar told Mr. Rohatgi that the court was only confined to the issue of triple talaq and was not going into the issues of polygamy and nikah halala due to paucity of time.

Muslim women in India have demanded a ban to triple talaq with several women petitioning the nation's top court, the Supreme Court, to overturn the practice.

"For the first time you are with us", Chief Justice Khehar said as Sibal said that the government could not ask the apex court to first strike down all three practices of talaq, then it will enact a law.

To this, Justice Rohinton Fali Nariman, one of the five judges constituting the SC vacation bench, asked if they should not hear the matter at all.

He said even if triple talaq is considered as an essential part of religion and falls under Article 25, the practice still has to be constitutionally moral.

"As per Islamic law, the female can not remarry during "iddat" period and any marriage taking place during "Iddat" period can not be termed as valid marriage", he said, adding that the woman got divorced from her first husband on October 4, 2012 and the second nikah was performed two days later. "Then how can we call it un-Islamic?" questioned Sibal.

"Triple talaq is (being practised). since 637 (AD)".

Interestingly, Sibal said that any interjection or reform should come from within the community, and not via a court intervention, as it's discriminatory and encroaches into personal laws and matters of faith.

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

Ambala:- Haryana minister Anil Vij today said triple talaq should be declared invalid as most of the Muslim countries have done it and also women from minority community in the country have been raising their voices against it.

The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice. "Hence, there was no question of constitutional morality and equity", Sibal argued.

Representing the government, Additional Solicitor General Tushar Mehta told the court that the Islam practiced in India was not "pure Islam" but an "anglicized" form of the religion.

"There was a talk that whether Triple Talaq is legitimate unavoidably".

Saying that the diversity of India has to be nurtured and not ridden over roughshod, Sibal referred to the Constitution's Article 371 which provides for special provisions in respect of different states and laws in respect of them can't be made without their consent. "It violates the rights of Muslim women", ruled the high court, adding that no personal law board was above the Constitution.

"Triple talaq is unconstitutional".

The bench said two other forms of divorce have some safeguards but whether triple talaq had such safeguards?

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