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

Katie RamirezMay 20, 2017

The Centre today requested the Supreme Court to declare the instant triple talaq unconstitutional irrespective of whether or not the Quran sanctions it, and offered to enact a new law to govern marriages and divorces among Muslims. "The scope of referring had all the three issues that was divorce, nikah halala and polygamy".

A five-judge constitutional bench of the top court is hearing the issue which has been raised in the form of a petition by several organisations.

When asked by the five-judge Bench of Chief Justice JS Khehar, Justices Kurian Joseph, Rohington F Nariman, UU Lalit and S Abdul Nazeer that why triple talaq has been abolished by other Islamic countries, Sibal replied, "These practices have nothing to do with equity or good conscience".

At this, Chief Justice Khehar said that the top court was not just the "guardian to the Constitution but also that of the Minorities Act".

Men can declare talaq - or divorce - at any point in a marriage and do not need approval form the court.

While Jethmalani attacked the practice on various constitutional grounds including the right to equality and termed it "abhorrent", Khan said it was akin to the pre- Islamic era practice of burying a female child alive in the Arabian region.

"If both marriage and divorce are contracts then why should others have a problem with triple talaq especially when it is a practise of 1,400 years?".

The apex court has fixed a six-day schedule for hearing, in which three days are available for those challenging triple talaq and three days for those defending it.

The Muslim body also equated triple talaq with the Hindu belief that Lord Rama was born at Ayodhya.

Attorney-general Mukul Rohatgi told the court it was not an "ecclesiastical court" but a constitutional one that ought to decide cases on principles of law, morality and public order.

More than 90 percent of Muslim women surveyed in 2015 by Bharatiya Muslim Mahila Andolan (BMMA), which campaigns for women's rights, wanted an end to triple talaq and polygamy.

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. Sibal said this kind of discrimination is not possible in Muslim law as everyone gets a share.

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. But we are not here to tinker with religion, tenets of religion and religious practices.

"Triple talaq is unconstitutional. It violates the rights of Muslim women", ruled the high court, adding that no personal law board was above the Constitution.

Related Articles:



« Previous article
Next article »


Popular Pages

Cannes 2017: Aish Looks Like a Princess
The actress' first look at Cannes saw her in an ethereal avatar as she donned a sheer green tiered ensemble by Yanina Couture. Deepika Padukone has already made two red carpet outings at the fest, while Sonam Kapoor is yet to arrive.

La Liga title to be decided on dramatic last weekend in Spain
The former Santos star has scored 19 goals and assisted a further 25 strikes for his colleagues in 43 games this season. Madrid has won two Champions Leagues in the last three seasons, but it hasn't been successful in La Liga since 2012.

Four car makers settle claims over Takata inflators for US$553m
Lawsuits against Honda Motor Company HMC, Ford Motor Company F and Nissan Motor have not been settled yet, per the lawyers. The solution for a mass recall on defective Takata airbags is under way, though it seems to be far from over.

Starbucks, Cisco Systems, Salesforce Upgraded --> Starbucks, Cisco Systems, Salesforce Upgraded
Shares have risen 18.07% over the trailing 6 months. (NASDAQ: CSCO ) earned "Buy" rating by Deutsche Bank on Tuesday, April 11. Seven Eight Capital LP purchased a new stake in Cisco Systems during the fourth quarter valued at about $112,000.

The Coca-Cola's (KO) "Market Perform" Rating Reiterated at Wells Fargo & Co
The Rosemont company that distributes Coca-Cola products throughout the Midwest is expanding its Coke bottling territory. The sale was disclosed in a filing with the Securities & Exchange Commission, which can be accessed through this link .

Bollywood mourns its favourite mother
She played a graceful and loving mother to superstars like Salman Khan, Govinda, Shah Rukh Khan, Ajay Devgan, Sanjay Dutt. I would not call her "Reema Mausi" or "Reema Tai"; she was "Reema" for me because I felt she was extremely young at heart.

Everything we know about Pippa Middleton's wedding
Meanwhile, his brother Spencer is a reality TV star and has been on shows like I'm A Celebrity, Get Me Out of Here . News, she did postpone plans to have drinks with a fashion and beauty vlogger.

Merkel's CDU faces off against ruling SPD in key German state election
The outcome was the latest indication that initial enthusiasm for the new SPD leader, Mr Martin Schulz, could be fizzling out. In the state's last election in 2012, the Social Democrats beat the CDU by 39.1 percent to 26.3 percent.

Trump Asked Comey To Shut Down Flynn Investigation
The newspaper said Comey was in the Oval Office that day with other national security officials for a terrorism threat briefing. The source said Comey did the right thing: made notes of his conversation and sent it to another member of his leadership team.

US VP Pence says to North Korea: 'The sword stands ready'
Despite these warnings from the U.S., North Korean officials have not shown any signs of stepping back from their nuclear tests. At the time of a previous missile test by North Korea on April 5 USA satellites observed an increased activity in Sinpo.