Triple talaq undesirable but permissible and not justiceable, AIMPLB tells SC

by Dwayne Torres May 20, 2017, 0:47
Triple talaq undesirable but permissible and not justiceable, AIMPLB tells SC

Sibal termed as "unacceptable" the submissions of Attorney General Mukul Rohatgi that if triple talaq is struck down then Centre will bring a law to regulate marriage and divorce among Muslims.

Earlier the AG insisted that polygamy and nikah halala among Muslims were also to be decided by the court as they form part of triple talaq.

"The scope of referring had all the three issues that was divorce, nikah halala, polygamy".

A five-judge bench of the apex court further observed that it would not hear polygamy issue along with the triple talaq case.

Sibal was addressing the constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer, which is hearing a batch of petitions challenging the constitutional validity of triple talaq.

The board is protecting the practice of talaq thrice.

"As per Islamic law, the female can not remarry during "iddat" period and any marriage taking place during "Iddat" period can not be termed as valid marriage", he said, adding that the woman got divorced from her first husband on October 4, 2012 and the second nikah was performed two days later.

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On the second day of the hearing last Friday, senior Congress pioneer Salman Khurshid, who is the amicus curiae in the matter, said under the watchful eye of the Supreme Court that the dubious Islamic separation framework can't be legitimised at all.

He also added that triple talaq is in existence since 637. "The Central Government makes rules but in my opinion, the apex court should not interfere with it", Sibal said.

Indian apex court is hearing the constitutional credibility and Islamic nature of Triple Talaq and Halala, which started last week.

Sibal, on behalf of the AIMPLB, said in court that matters of faith such as the Hindu belief of Ram being born in Ayodhya or the question of triple talaq shouldn't see interference from the courts because these are personal/faith-related issues. "But when it is about a Muslim you say it is violation of Article 14, 15 and 21", said Sibal, according to News18.

Citing the 1937 Muslim Personal Law (Shariat) Application Act, he said it was not an attempt to codify Muslim personal law and its "essential purpose" was to ensure that all those customs and practices which were contrary to Islam but being followed by those who embraced Islam should be discontinued and declared contrary to Islam. "Hence since it is not law as per Article 13, it does not attract the drill of the fundamental rights", he said.

Additional Solicitor General Tushar Mehta said that AIMPLB should apologise for justifying triple talaq by saying that men have greater strength to control their emotions. But we are not here to tinker with religion, tenets of religion and religious practices. That's why the Constituent assembly separated personal laws from customs and practices.

"Triple talaq is unconstitutional". Issue is patriarchy. All personal laws, be it Hindu, Muslim or Christian, all are discriminatory.


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