Will deal with only triple talaq due to paucity of time

Kristopher Drake
May 16, 2017

The Centre insisted that all the three issues-triple talaq, polygamy, nikah halala-must be heard as the plea before the Supreme Court raises all the three questions.

"If Your Lordships strike down all three forms of talaq, I (the Centre) will bring a law", Mr. Rohatgi replied to that.

Supporting his stance, Shaista Amber, President of the All India Muslim Women Personal Law Board (AIMWPLB) said Muslim Personal law was a way of life, and those misusing its teachings should be punished.

Muslim women in India have not been given rights that women in other countries have been given, said Mukul Rohatgi.

During the last hearing, the apex court had observed that triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal".

"Triple talaq is going on since 1,400 years, how can you say it is unconstitutional?"

Persistent level headed discussions on the legitimacy and credibility of this practice were prompted not long after one solicitor, Shayara Banu, tested the Muslim individual law over the quick use of triple (talaq-e-bidat), polygamy and nikah-halala.

The cleric further said divorce rates within the community were around 0.5 percent, adding that by 2019, triple talaq cases would become negligible. "Marriage and divorce are part of personal laws and are religious ceremonies".

Monday was the last day for those challenging triple talaq to state their points before the five judges from different religions: Sikh, Christian, Parsee, Hindu and Muslim.

Sibal further said court should not intervene in matters of faith.

The court highlighted that the Hindu Marriage Act and the Hindu Succession Act too prescribe certain rules for marriage, succession and inheritance according to religious texts and could be challenged as being unconstitutional.

The A-G said triple talaq was not fundamental to Muslim personal law, and as the guardian of fundamental rights, the court should protect the rights of half of the Muslim population, which suffers discrimination.

The Supreme Court will continue its hearing on the most timro triple talaq case today.

However, some men have previously skipped the notice period by performing what is known as "triple talaq" in one sitting, which makes the split instantaneous.

The apex court has stated that it would first examine whether the Islamic divorce practice "is fundamental to religion" and whether "it falls in the category of enforceable fundamental rights".

Among petitioners, there is optimism that the Supreme Court has taken cognizance of the matter and discussing a social malaise that in particular, afflicts the lower strata of the Muslim community.

Other reports by Ligue1talk

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