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.
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