SC reserves verdict on triple talaq

Muslim women

Muslim women

"That is up to the judges".

"I have suggested that this harmonising effort has to be undertaken. We will send an advisory to all "qazis" stating that they should avoid instant 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.

Deviating from the Muslim Personal Law Board's opinion, Khurshid said one can not contract out of faith, just like one can not legislate out of faith.

Picking up an Islamic religious text during the high-voltage hearing and reading it, Chief Justice J S Khehar heading five judge bench hearing a batch of petitions challenging the constitutional validity of triple talaq said, 'somebody gave this book to us.it says Talaq-e-biddat is a deviation from the right path.

Just a day ago, the court had asked the AIMPLB the possibility to include such a provision in the nikahnama.

Senior counsel Amit Singh Chadha, appearing for petitioner Shayara Bano, pointed out in front the bench that 'it will not solve our problems as married women will still have to go to court if in case talaq is pronounced'.

Addressing the constitution bench, AIMPLB's senior counsel Kapil Sibal said he had a meeting with the Board members on Wednesday (May 17) and they have made a decision to issue an advisory to all the Qazis across the country.

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Cunha was convicted this year of money laundering and corruption as part of the Operation Car Wash anticorruption probe. It has been interpreted as referring to bribes given to Cunha to make sure that he doesn't talk to prosecutors himself.

Justice Joseph told Mr Sibal, "Triple talaq is sinful".

To this Sibal replied, "It is sinful".

The Supreme Court of India, for a long time now, is concerned with the controversial practice of Islamic divorce, known as the "triple talaq".

Sibal further argued that just like the Hindus' faith about Rama's birth at Ayodhya can not be questioned, similarly Triple Talaq which is also a matter of faith for Muslims should not be questioned.

"The government will come out with the law to regulate marriage and divorce among Muslims if the court holds Triple Talaq as invalid", Attorney General Mukul Rohatgi told the bench.

However, the top court said that they have a limited time, so all the matters could not be covered at present. "Substantiating my view with reasons and examples, I asserted that it can not be justified and can not be given law's validation", Khurshid said during the hearing. "Can it be made possible to give an option to a wife that she can say that she was agreeable to or not agreeable to it (triple talaq)?". In his concluding arguments on behalf of the board, Sibal cautioned the apex court not to take the "dangerous and slippery slope".

The patriarchal practice of triple talaq in a male-dominated community is not recognised by many schools of thought, he said, adding, "It is a bad, undesirable and sinful practice and violates constitutional guarantees of Muslim women".

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