SC suggests govt bring law to address triple talaq issue
19 Mai, 2017, 18:12 | Author: Marc Bacque
"The only remedy is to come before this constitutional court", he told the bench that also included Justices R.F. Nariman, U.U. Lalit and Abdul Nazeer.
The court had earlier asked the board if the women could insist on a condition in the nikahnama that the husband would not deploy triple talaq. The court permitted AIMPLB to file its affidavit. "The question is what you (court) will do". Has it (triple talaq) going on in consistently for 1,400 years? "The only permissible Constitutional route under Article 25 is for the Legislature to make a law and then its validity will be tested in court", he added. The Constitution has provided for a procedure to bring in a law for social reform. Picking up an Islamic religious text during the high-voltage hearing and reading it, Chief Justice J S Khehar said "somebody gave this book to us.it says Talaq-e-biddat is a deviation from the right path".
The Supreme Court of India, for a long time now, is concerned with the controversial practice of Islamic divorce, known as the "triple talaq".
The Supreme Court on Wednesday suggested that the central government put in place a law addressing the question of marriage and divorce, including triple talaq, in the Muslim community instead of waiting for the court to decide the issue judicially.
Also arguing for the Jamiat Ulema-e-Hind, senior advocate Raju Ramachandran said the judiciary can not take on the mantle and wisdom of religious schools and dictate to a religious community what personal law practices and norms to follow. He said it was not the domain of the court to declare the practice illegal or unconstitutional.
While saying that AIMPLB was a body of standing having eminent and scholarly people on it, Mr Khurshid who is assisting the court differed with the Attorney General that the court should rule against all forms of talaq under Shariat before a law is enacted.
In its reply, AIMPLB counsel and senior advocate Kapil Sibal informed the Bench that the Board met on Wednesday and took a decision to issue a resolution to all Quazis to take the view of the woman on whether she is agreeable to triple talaq.
Contesting AIMPLB's claim to be a representative voice of the Muslim community, senior counsel Anand Grover said that Talaq-i-bidat was not an essential part of the Sunni Muslim faith, thus it has been changed in several Sunni-majority countries.
Mr Anand Grover summed up saying triple talaq is not found in Quran, that it was deprecated by the Prophet himself and was considered sinful by all schools of thought of Sunnis and Shias.
The instant divorce is banned in most Muslim countries but is allowed under India's constitution that lets most religions, including Muslims - the biggest religious minority - regulate matters like marriage and divorce through civil codes.
During the 2016 presidential campaign, Trump repeatedly vowed to instruct a special prosecutor to investigate Clinton if he won. But the lingering question hanging over the press conference was what the appointment of Mueller meant for his presidency.
What might happen if they use it? "Unfortunately for the rest of us, this thing went quite global quite quickly". It's not just home users who are affected, as the attacks have targeted hospitals and businesses as well.
The transaction was disclosed in a legal filing with the Securities & Exchange Commission, which is accessible through this link . ILLEGAL ACTIVITY WARNING: This piece of content was first published by Chaffey Breeze and is the property of of Chaffey Breeze.
Zolnierczyk has appeared in seven of the Predators' first 12 playoff games and scored a goal in the first round against Chicago. But his team continued to press into the third and was rewarded when Forsberg converted the rebound of a shot by Ryan Ellis.
Zidane had praise for Ronaldo's double and agreed that everyone could see that his rotation policy had paid off. Real Madrid didn't feel the pressure and they thrashed (1-4) Celta Vigo in the postponed game of La Liga.
A tourist from Argentina told CNN affiliate WABC that he was shocked to see the auto that "was like bowling, hitting people". A auto rests on a security barrier in New York's Times Square after it plowed through a crowd of pedestrians on Thursday .
Those 18 officers, along with fallen officers from years past, were remembered at Tuesday's memorial service at DPS Headquarters. Our liberties depend on the rule of law, and that means supporting the incredible men and women of law enforcement.
Avant ces nouvelles révélations du New York Times , la Maison Blanche s'était employée mardi à contester l'idée selon laquelle M. Un procureur spécial a en effet autorité pour mener son enquête plus indépendamment de la hiérarchie du ministère de la justice.
Chances of Trump impeachment are low, says Nomura
On Wednesday, the president reportedly interviewed four candidates for Comey's former position at the White House. He took a more cautious tone about Democratic party calls for broader investigations of the Trump administration.
Bayrou, Hulot, Collomb, Flessel... sont ministres
Membre de l'équipe de campagne d'Emmanuel Macron, Mounir Mahjoubi a été bombardé ce mercredi secrétaire d'État au Numérique . Il s'agit, a précisé Edouard Philippe, "d'atteindre les objectifs qui sont fixés par le président de la République".