Will hear only triple talaq case, says apex court

New Muslim divorce law if triple talaq is struck down, government tells Supreme Court
We will frame law on Muslim marriage if triple talaq declared illegal: Centre to SC

20 May, 2017

"Slamming the Centre for calling triple talaq 'un-Islamic" and not ordained by the Quran or Constitution, he said ceremonies concerning birth, marriage, divorce, property and death are decided by families, influenced by social norms. It is a matter of faith. "Hence, there was no question of constitutional morality and equity", Kapil Sibal, appearing for AIMPLB, said.

"If the practice of instant divorce (triple talaq) is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community", he said.

"The Central Government makes rules but in my opinion the apex court should not interfere into it", Sibal said. "This is the question and this is the issue".

Muchchala, who is also a member of the AIPMLB's Executive Committee, made his suggestion to the five judge constitution bench in response to a question from it as to why triple talaq was excluded from the "Nikah Nama" and why "talaq ahasan" and "hasan" alone are included. 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. You (Court) need to protect their customs.

"The intention of the 1937 Shariat Application Act was not to codify Muslim Personal Law".

"Matters of personal law have no relation with religion". There are different schools of thought for Shias and Sunnis. "You can't test my faith on higher principles", he said.

Rohatgi said when half the population of a particular community is not empowered, no equal opportunity is given, they are devoid of gender equality, then it does not pass the test of constitutional morality.

The basis of triple talaq can be reached in Hadith and it came into existence after the period of Prophet Muhammad, he added further.

The board has asserted that a practice which is being followed for 1,400 year cannot be termed as un-Islamic. But once such practices of marriage and divorce are separated from religion, there can not be any immunity under Article 25 (freedom to practice any religion). If Nikahnama is the heart of it, why can't divorce be part of it.

"Personal laws can not be tested on the ground of being discriminatory".

"Triple talaq is not a question of equity and good conscience but of faith".

On the second day of the hearing, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the Supreme Court that the controversial Islamic divorce system can not be justified whatsoever.Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally.

At this, Chief Justice Khehar said that the top court was not just the "guardian to the Constitution but also that of the Minorities Act". "Now you should go and tell him".

"There was a discussion that whether Triple Talaq is valid constitutionally". A Muslim man can not write a will against his daughter.

"Yes, we can bring law".

More news: Khloe Kardashian asks, "What the hell does Kylie Jenner do all day?"

"Unlike the Hindu law, the marriage in Muslim law is purely a civil matter". Muslim marriage is a contract through nikahnama between consenting adults and so is divorce.

He asked: "If there is a conflict between constitutional morality and personal law, which shall prevail?"

India has separate sets of personal laws for each religion governing marriage, divorce, succession, adoption and maintenance.

Hi said that in some areas of Himachal Pradesh, polygamy is being practiced, but is protected under tribal laws and customs, and can only be changed by legislation, not court intervention.

"Why will the court decide what is my faith?"

But the bench said: "Tenets of religion can not be tested on any ground".

"Triple talaq is unlawful". I can point out many such practices in the Hindu society. "Today, the Supreme Court says that it will examine it".

He also drew an analogy between Triple Talaq and the Hindu belief that the god Ram was born in Ayodhya.

To this, the bench had said, "we can not do that". Sibal asked the apex court.

"The issue is not talaq, the issue is patriarchy that is part of every religion", he argued.

To this, the bench insisted that the government has to first prove that this practice of triple talaq was not essential to Islam and only then can it delve further into other aspects. Sibal replied that this can not be done.

The board is protecting the practice of talaq thrice.

Khan, who had quit Rajiv Gandhi's cabinet over differences in handling the Shah Bano case, said he wanted the opportunity to rebut arguments as "more confusion has been created".

Even bigger blunder by Sibal on day four of the triple talaq hearing in the Supreme Court was when he said "triple talaq can not be tampered with as it's something the Qura'n is silent about".

More news

  • Cornerback Jason McCourty to meet with Browns

    Cornerback Jason McCourty to meet with Browns

    I want to be a part of something where I felt like I'm wanted and where I feel like I'm part of a family. Arizona State Sun Devils place kicker Zane Gonzalez kicks in the first half October 15 in Boulder, Colo.
    Timeless Uncancelled by NBC: Season 2 Ordered by Network

    Timeless Uncancelled by NBC: Season 2 Ordered by Network

    I plan on watching the first episode of Timeless to see what fans love so much about this show. That makes things incredibly hard for indie studios like Sony and Warner Bros.

    Trump creates panel to investigate voter fraud

    When the White House said a few months ago that it would be forming a commission to investigate voter fraud, some laughed.
  • Nicola Sturgeon rejects 'ludicrous' claims Tory surge could stop referendum bid

    He said: "Congratulations to all of @SNP councillors elected in Moray, the largest group on @The MorayCouncil #Council17". The election results showed the SNP in the ascendency, with the Tories and Labour "scrapping for second place", she said.

    Tennis giant Nadal beats Thiem, wins fifth title at Madrid Masters

    It was the first title of the season for the eighth-ranked Halep, who was the first player to make it to three Madrid finals. Given his form, I think he can go close and will back him each way to small stakes.

    Coalition forces nearing ISIS's last bastion in Syria

    President Donald Trump, who approved the arms supply to support a campaign to retake the Syrian city of Raqqa from Islamic State. The rebuke came a week before President Tayyip Erdogan is due in Washington for his first meeting with U.S.
  • Aishwarya rai to make tv debut

    Aishwarya rai to make tv debut

    Deepika walked the red carpet on the opening day on Wednesday while Sonam is expected to join later this week. Aishwarya made her debut on Cannes red carpet in 2002 and this year, she will be making her 16th appearance.
    China Pledges $124 Billion for Silk Road Plan, Says Everyone Welcome

    China Pledges $124 Billion for Silk Road Plan, Says Everyone Welcome

    Chinese banks have set up 62 branches and offices in 26 countries along the BRI routes in the past four years, he said. India is incensed that one of the key Belt and Road projects passes through Kashmir and Pakistan.

    Trump promises to defend faith at Liberty University commencement

    The school has prepared for a "Trump bump" in attendance, spending $200,000 to almost double the stadium's seating capacity to 36,000.
  • Wenger In? Wenger Celebrates 'Fighting Spirit' as Arsenal Aim for Top 4

    Wenger In? Wenger Celebrates 'Fighting Spirit' as Arsenal Aim for Top 4

    Arsenal have managed to lift themselves out of their recent slump to claim victory over Manchester United, Southampton and Stoke City.
    Arsene Wenger not giving up on top-four finish

    Arsene Wenger not giving up on top-four finish

    Having previously taken two points from a possible 24 in away games against current top-half teams, victory was a welcome tonic. It was then just over 20 minutes later when Arsenal doubled their lead and Sanchez had a part to play in this goal too.

    New South Korean leader gets White House invite from Trump

    The paper also called on South Korea and the U.S.to stop conducting joint military exercises. But he's said South Korea shouldn't be afraid to say no to the United States.