Triple talaq practiced for 1400 years, how is it unconstitutional: AIMPLB
00:39, May 20, 2017
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"We will come out with a law to regulate the marriage and divorce among Muslim community", the Attorney General Mukul Rohatgi, appearing for Centre, said.
"If Hindus faith about Rama's birth at Ayodhya can't be questioned, then triple talaq, a matter of faith for Muslims, shouldn't be", Kapil Sibal said.
Citing limited time, the bench said it would focus on the validity of triple talaq, leaving other two issues for a later date.
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".
The AG also told the apex court that Triple Talaq violated the Muslim women's right to equality within the community, and also within the country.
Earlier in the day, the apex court bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, said it was keeping open the issues of practice of polygamy and "nikah halala" among Muslims for adjudication in future, as the Centre insisted on judicial deliberations on these aspects as well.
The court had said on Thursday it would only look into triple talaq.
In its last hearing on Friday, the apex court had observed that triple talaq was the "worst" and "not a desirable" way to end marriages among Muslims.
Supporting the stance of ending the practice of triple talaq, the Allahabad High Court had earlier asserted that the rights of any person, including Muslim women, can not be violated in the name of "personal law". Muslims are practicing it for last 1400 years. The national Law Commission previous year sought public views on whether to abolish the practice, triggering a debate between politicians and religious leaders.
Pointing to the perils involved in undertaking such an exercise, Sibal said, "Hindus believe that Lord Ram was born in Ayodhya".
In this light, the argument put forward by Sibal is extremely problematic because the chief contention against instant triple talaq is precisely that it allows the strangling hold of patriarchal provisions and discriminates against Muslim women, who have no legal recourse once instant talaq is thrust upon them. "Hence, there was no question of constitutional morality and equity", Sibal argued.
"There was a talk that whether Triple Talaq is legitimate unavoidably". If the Nikahnama is changed by some statute, I would say that you are changing my very faith, but if I agree to that change on an individual basis, it is okay. Immediately after a few years of the death of Prophet Muhammad, the companions of Prophet Muhammad talked about triple talaq.
"We can not go into rights and wrongs because my faith does not allow this", Sibal said.
The apex court has fixed a six-day schedule for hearing in which three days would be available for those challenging triple talaq and three days for those defending it.
The bench said two other forms of divorce have some safeguards but whether triple talaq had such safeguards?
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