Muslim board against triple talaq
- Author: Zachary Reyes May 19, 2017,
May 19, 2017, 18:23
"You (Khurshid) say it is sinful".
The Supreme Court has been called upon to examine whether it is "discriminatory treatment" against women that acceptance of this Muslim practice, that is, divorce through these three words, which has been in force for over 1000 years. They said such an advisory would have little effect on the ground. They have suggested legislation.
Mr Khurshid reiterated that triple talaq is not part of Shariat law.
Deviating from the Muslim Personal Law Board's opinion, Khurshid said one can not contract out of faith, just like one can not legislate out of faith.
That the bride has opted out of triple talaq would be recorded in the Nikaah Nama, the court was told.
India's top court has spent six days examining the legality of the "triple talaq" practice, raising hopes among women campaigners of a long-awaited end to the "quickie" divorce that can leave women penniless and homeless.
The AIMPLB even went ahead to call men and women as unequal, "Marriage is a contract in which both parties are not physically equal".
Shayara Bano's counsel also attacked the very reasoning put forward by the board.
Addressing the constitution bench, AIMPLB's senior counsel Kapil Sibal said he had a meeting with the Board members on Wednesday (May 17) and they have chose to issue an advisory to all the Qazis across the country.
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.
The Constitution Bench hearing the case had asked the Board on Wednesday whether it was prepared to give women the right to say no to triple talaq at the time of marriage.
"Yes, you should not hear", replied Sibal. Referring to the AIMPLB's stand that triple talaq is an abhorrent practice, sinful but valid in law, Mr Khurshid said, "I can not imagine any religious law which will validate a sin".
Sibal further argued that just like the Hindus' faith about Rama's birth at Ayodhya can not be questioned, similarly Triple Talaq which is also a matter of faith for Muslims should not be questioned.
When Rohatgi cited the steps taken to reform Hindu practices, including the banning of sati, infanticide and the devadasi system, Justice Joseph said that all those were legislatively decided.
It had also said that the issue of polygamy and "nikah halala" would be kept pending and will be dealt with later.
Chief Justice Khehar said: "Did court do it?"
On the second day of the hearing, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the Supreme Court that the controversial Islamic divorce system can not be justified whatsoever. Moreover, this Court is not called upon to decide the sinful practices in the world, he added, indicating several sinful customs given sanction of personal laws in the country.
However, the Central government has termed triple talaq and all its forms as unconstitutional and has demanded that it must be struck down.