Triple talaq should be declared invalid: Haryana Min
May 20, 2017, 00:30
"If I have faith that Lord Ram was born in Ayodhya, then it is a matter of faith and there is no question of constitutional morality".
On the second day of hearing of the matter on May 12, the Supreme Court had said Triple talaq was the "worst and undesirable" form of dissolution of marriages among Muslims.
The Attorney General and top law officers speaking to the Central government contending before the five-judge Constitution seat said the pinnacle court ought to hear different cases additionally, other than Triple Talaq.
However, the court, citing the limited time that is available, said that as of now, it would focus on the validity of triple talaq, leaving the other two issues for the future.
On Tuesday, Justice Rohinton Fali Nariman also said that the court is not going to visit the Narasu Appa Mali judgement of 1951, Bombay High Court, which distinguished between personal laws and laws in force under Article 13 of the Constitution, thereby excluding the nebulous zone what constitutes Muslim personal laws from court interference.
The Centre told the court, which is holding day to day hearing in the case, on Monday it would bring a matrimony law for Muslims to fill a legal vacuum should it strike down triple talaq. "All these three issues are before this court by virtue of the reference order of the two- judge bench", he added.
According to the Muslim law board talaq thrice is 1,400-year-old practice.
The court said that marriage as an institution is crystallised by religion, drawing an objection from him and inviting a comment from the bench that if marriage was not rooted in religion, then what was it. "Is it a question to be decided on constitutional morality...but when it comes to triple talaq, the question of constitutional morality is raised".
The AIMPLB counsel said the age-old practice was "part of my faith and you can not determine what should be my faith".
More than 90 percent of Muslim women surveyed in 2015 by Bharatiya Muslim Mahila Andolan (BMMA), which campaigns for women's rights, wanted an end to triple talaq and polygamy.
Yesterday, the Centre had told the apex court that it will bring a new law to regulate marriage and divorce among the Muslim community if all forms of divorce including triple talaq are struck down.
Pointing to the perils involved in undertaking such an exercise, Sibal said, "Hindus believe that Lord Ram was born in Ayodhya".
Chief Justice of India asked that is e-talaq also there in existence.
But the Islamic instant divorce has come under increasing criticism as unconstitutional by violating the right to equality.
"We can not go into rights and wrongs because my faith does not allow this", Sibal said.
Kapil Sibal however blundered again by saying that the cases being relied upon by Kerala, Madras, Delhi and Gauhati High Courts had observations from scholars who belonged to "the Ahle Hadees school of Islam and the Qadianis".
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