Home / Latest News / Do you agree with AIMPLB’s plea before SC that Triple Talaq is valid just because it is a 1,400 Years old practice?

Do you agree with AIMPLB’s plea before SC that Triple Talaq is valid just because it is a 1,400 Years old practice?

May,16,2017:

Kapil Sibal equates Triple Talaq with Hindus’ faith that Ayodhya is the birthplace of Lord Ram.

Muslim women

On Tuesday, All India Muslim Personal Law Board (AIMPLB) told the Apex Court that Triple talaq is a matter of faith for Muslims similar to how it’s a matter of faith for the Hindus that Lord Ram was born in Ayodhya.

Senior adv. Kapil Sibal, appearing for AIMPLB, asked a 5 judge Constitution Bench led by CJI J S Khehar why’s the Centre so keen to raise any doubt about constitutional morality of Muslims’ faith in the 1,400 year old practice of Triple Talaq when no doubts have been raised about Hindus’ faith that Ayodhya is the birthplace of Lord Ram? Who is the govt. to say that the practice of triple talaq, which has evolved through family & social norms, is “un-Islamic”?

Mr. Kapil Sibal was responding to the Attorney-General Mukul Rohatgi’s submissions that triple talaq should be tested on the grounds of ‘constitutional morality’, an idea that includes gender equality, secularism & dignity.

Rohatgi had asked the SC to strike down all the 3 forms of triple talaq as “constitutionally immoral”.

“But the matters of faith can’t be tested on constitutional morality, equity or whatever.” Mr. Kapil Sibal argued

Mr. Sibal said that many women in Hanafi school accept it as a valid form of divorce & majority of the Prophet’s companions considered it good.

He argued, For eg, husband is cruel & drunk, wife is fed up & wants instant triple talaq, but the husband refuses it to further torture he, she does not have money to go to the courts; if the society intervenes & her husband gives her instant talaq, you’ll call it illegal. So, there’re a no. of complexities, which the SC can’t go into in a matter of just 6 days. Personal law relates to personal relationships.

Responding to Mr. Sibal’s statement that the has been practised for 1400 years Justice Kurian Joseph said “Maybe women hadn’t thought about approaching court for 1,400 yrs., now some of them have come to the SC.”

Justice Kurian went on to ask Mr. Sibal why talaq-e-biddat (instantaneous triple talaq) alone is excluded from the nikah nama as a form of divorce.

Justice Kurian asked “if talaq-e-biddat is as sacred as talaq hasan and talaq ahasan (the other 2 forms of triple talaq), why’s it alone left out of the nikah nama?”

Mr. Sibal submitted that “Because it is irregular unlike ahasan and hasan. It is sinful and undesirable.” He said that there should be reform, but it has to come from within the concerned community. Others can’t dictate to us how we should reform.

On the government’s assurance to bring in new law if the court declared all three forms of triple talaq as bad, Mr. Sibal asked: “What if the Parliament does not enact such a law? Where will Muslims go for divorce?”

Related News @ LatestLaws.com-

12.5.2017 – Supreme Court: Triple Talaq amongst Muslims is worst form of Marriage Dissolution

11.5.2017 –  Supreme Court’s Triple Talaq Bench coincidentally consists of 5 Judges of 5 different Religious faiths

31.3.2017 –  Supreme Court now refers Triple Talaq case to a larger 5-Judge Constitution Bench

15.2.2017 – Supreme Court: We would deal with only Legal aspect of Triple Talaq among Muslims

8.12.2016 – High Court: Triple Talaq is unconstitutional, Constitution is supreme and above all Personal Laws, Read Order

24.10.2016 – Muslim thinkers although reject Triple Talaq but wary of the Modi Govt. move

31.3.2016 – Govt’s stand before SC: Oral Triple Talaq renders Muslim women extremely vulnerable & insecure

29.3.2016 – Trashing strong opposition by Muslim Bodies, SC decides to examine triple Talaq’s legality

6.3.2016- Kerala HC Judge: Why Muslim women could not have Four Husbands under Gender Equality

6.2.2016- Clerics poser to Supreme Court: Muslim Personal Law based on Holy Koran, Judiciary can’t change it

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4.1.2016- Outgoing Supreme Court Justice Vikramjit Sen supports scrapping of Sec 377 IPC & bring Uniform Civil Code

25.11.2015- Bombay High Court stands by Hindu-Muslim couple from Rajasthan, help them reunite

13.10.2015- Supreme Court to Govt- If you want Uniform Civil Code, just have it

25.9.2015- Prohibition of Child Marriage Act is a Secular law and equally applicable to all Hindus & Muslims, High Court

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