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Centre has to prove triple talaq not essential in Islam, rules SC
20 May 2017, 12:32 | Lowell Little
We will frame law on Muslim marriage if triple talaq declared illegal: Centre to SC
'If faith of Hindus about Ram's birth at Ayodhya can not be questioned, triple talaq is also a matter of faith of Muslims and it can not be questioned'.
The Supreme Court is hearing a bunch of petitions challenging the controversial Islamic divorce practice that allows a man to end the marriage by uttering the world talaq (I divorce you) thrice in a succession.
Urging the Supreme Court constitution bench not to question the practice of triple talaq, Sibal submitted, 'If Hindus believe Lord Ram was born in Ayodhya, this faith can not be questioned on the ground of Constitutional validity.
Hearing on the most awaited cases of Muslim community, the practice of triple talaq is going to be addressed by the Supreme Court Of India today.
Taking a more aggressive stand, the Centre on Monday had said it was not just opposed to Talaq-ul-Biddat (instantaneous triple talaq), but also the two other forms Talaq-Ahsan and Talaq Hasan (in which there is provision for revocation), and all three will have to be declared illegal and unconstitutional.
Sibal, starting his arguments, said the court should not interfere in Muslims' personal laws, otherwise the personal laws of other communities too could be challenged by anyone.
During the last hearing, the apex court had observed that triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal".
Supporting the stance of ending the practice of triple talaq, the Allahabad High Court had earlier asserted that the rights of any person, including Muslim women, can not be violated in the name of "personal law". The court has also given three days to those defending it.
In December a year ago, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice "unconstitutional".
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. "Hence, there was no question of constitutional morality and equity", the lawyer said.
The hearing last Friday also saw two veterans, jurist Ram Jethmalani and former Union Minister and Islamic scholar Arif Mohammad Khan, coming out all guns blazing against the practice of triple talaq.
"If triple talaq is struck down and Parliament refuses to pass a law, then what will happen".
Rohatgi said even Sri Lanka, a secular country, has done away with the practice of triple talaq and Iraq which has a majority of Shia population have matrimonial laws which do not subscribe to triple talaq.
To this, the bench said then the government will say "Mr Reformist this is not your domain, you have to be within your limit". Issue is patriarchy. All personal laws, be it Hindu, Muslim or Christian, all are discriminatory.
"Triple talaq is unlawful".
To this, the bench had said, "we can not do that".
"For the first time you are with us", Chief Justice Khehar said as Sibal said that the government could not ask the apex court to first strike down all three practices of talaq, then it will enact a law.
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