Supreme Court reserves verdict on triple talaq

Agencies/New Delhi
May 19, 2017 NATIONAL 378 Views
Supreme Court reserves verdict on triple talaq

Before it reserved its verdict on the constitutional validity+ of triple talaq on what was the last day of its hearing+ , the Supreme Court asked the All India Muslim Personal Law Board (AIMPLB) why it is that a “custom which is theologically sinful” is “part of the practice of a community”.
The Muslim Law Board’s lawyer Kapil Sibal, extended an argument of his from yesterday, when he replied saying that ” testing the validity of customs+ and practices of community is a slippery slope” and added that the “Supreme Court SC must not venture there.”
Yesterday, Sibal said challenging the constitutional validity of triple talaq, or instant oral divorce , could lead to a backlash in the Muslim community, which might see its rights as being infringed upon and therefore resort to supporting practices like polygamy and oral divorce.
The Centre, which wants oral, instant divorce declared unconstitutional, also said to the top court yesterday that “triple talaq isn’t a basic and integral part of Islam+ “.
Separately, yesterday, the Chief Justice of India (CJI) J S Khehar – who’s heading the 5-judge bench hearing the case – asked whether the AIMPLB can issue a directive to clerics to record at the time of the nikahnama, or marriage contract, whether the woman accepts triple talaq or not.
The Board replied today through Sibal, saying it is ready to issue an advisory to all clerics to ascertain women’s views on triple talaq and make a note of it in the nikahnamas before they wed.
Here, Sibal again cautioned the court that it “must not get into validity of customs”.
As it is, triple talaq is practiced by a “minuscule portion” of the Muslim community, the Muslim law Board’s lawyer had said yesterday.
The apex court had fixed a six-day schedule for the hearing; three days for those challenging triple talaq and three days for those defending it. Today was the last day.
The top court is to determine whether triple talaq is part of the fundamental right to religion of the Muslim community. It’s hearing a clutch of petitions challenging triple talaq.
The lead petition in the case is titled “Quest for Equality vs. Jamiat Ulama-i-Hind”. Tagged with the case are six petitions by Khuran Sunnath Society, Shayara Bano, Aafreen Rehman, Gulshan Parveen, Ishrat Jahan and Atiya Sabri.

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