'Triple talaq a matter of faith for past 1400 years'

Wendy Jensen
May 20, 2017

Nikah halala allows a woman to go back to her husband but only after she marries another man, consummates the marriage and gets a divorce.

A five-judge seat of the summit court additionally watched that it would not hear polygamy issue alongside the triple talaq case.

Citing limited time, the bench said it would focus on the validity of triple talaq, leaving other two issues for a later date.

When asked by the five-judge Bench of Chief Justice JS Khehar, Justices Kurian Joseph, Rohington F Nariman, UU Lalit and S Abdul Nazeer that why triple talaq has been abolished by other Islamic countries, Sibal replied, "These practices have nothing to do with equity or good conscience".

The Bench has to test them on the touchstone of the fundamental rights of gender equality, gender justice, gender discrimination, human rights, and dignity under Articles 14, 15, 21 and 51A of the Constitution.

He said even if triple talaq is considered as an essential part of religion and falls under Article 25, the practice still has to be constitutionally moral.

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In December a year ago, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice "unconstitutional". "What we are seeing in the form of triple talaq is similar to the pre-Islamic era practice where female infants were buried alive", he had said.

It further stated that it will also be open to the woman to state in the certificate that she will not accept divorce given by way of triple talaq. Sibal asked the apex court.

The court has said that it would only look into the triple talaq issue for now.

The court additionally watched that triple talaq authorised under Muslim Personal Law that represents marriage, property and separation damages the privileges of Muslim ladies.

During the day when the bench asked whether triple talaq was part of holy "Quran", Sibal said, "Quran does not talk of it. Hence, there was no question of constitutional morality and equity", he said.

Sibal said Section 2 of the Act talked about custom and usage but did not deal with Shariat and hence, triple talaq is protected under Article 25 (right to religion) of Constitution.

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Today Senior Advocate Kapil Sibal, appearing for All India Muslim Personal Law Board, made his arguments.

On Friday, the bench called the practice of triple talaq the "worst" and "not desirable" form of dissolution of marriages among Muslims.

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.

"What religious practices are essential to a particular religion or faith is hard to define for this court".

To this, the bench said then the government will say "Mr Reformist this is not your domain, you have to be within your limit".

"Triple talaq is unlawful".

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While the Hindu law overhaul began in the 1950s and continues, activists have long argued that Muslim personal law has remained mostly unchanged.

Other reports by Info About Network

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