Triple Talaq an Issue of Women within Minority Community

Muslim women Wikimedia

Yusuf Mucchala, another lawyer representing the law board, said the practice of instant talaq was undesirable but the community was gradually evolving on its own towards reforming it.

Mulling over the concept of a "modern nikahnama", Chief Justice of India Justice JS Khehar on Wednesday asked if a woman can exclude triple talaq clause in the marriage contract.

The bench, also comprising Justices Kurian Joseph, R. F. Nariman, U. U. Lalit and Abdul Nazeer, had begun the hearing on May 11. "No, legislation got rid of it", Chief Justice Khehar observed. Women have questioned centuries of hegemony they suffered at the hands of the men within the community. I have given statement on instruction. If they conclude it is, there may not be an bad lot that the top court will do given how they have zeroed in on points that they will respond in their verdict.

However, Muchchala, who is also a member of the Executive Committee of the AIMPLB, referred to the recent resolution passed by the AIMPLB conclave at Lucknow wherein the Board has asked the community to boycott the men who take recourse to instant triple talaq to dissolve their marriages.

29 June: SC says triple talaq among the Muslims will be tested on "touchstone of constitutional framework".

"Triple talaq is there since 637". However, the wife argued that the talaq can not be considered legally valid as the petitioner did not follow the procedures as specified in the Muslim law.

"That gave me strength to question patriarchal attitudes".

"The prism through which you see the case is not like majority versus minority but this is a case where it is an intra-community tussle between Muslim men and women".

On Tuesday, the law board had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya, saying these were matters of faith and can not be tested on grounds of constitutional morality.

"Want to fight for equality of women and gender justice".

Rohatgi also said the issue should not be viewed as discrimination towards the minority community.

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"Did courts do it?"

He said that the issue stands at a unsafe and slippery slope and "all must be careful about it" and this was not an area where court should enter.

"The constitutional validity of personal law in our country can not be tested on the oasis of enacted legislation of other countries", he said in his written submissions while questioning the arguments of the Centre and of petitioners who say triple talaq has been abolished in Islamic countries. "It is the guardian of fundamental right", Rohatgi replied. So, they kept the core part of every religion, but said this was subject to fundamental rights. Blood was shed in the name of religion during the Partition. There were people from over 600 princely states and tribes practising different faiths and religions.

They were incensed that the government had applied a "uniform" law to an area they believe should be governed by religious law - and they were anxious it would further erase their rights as a religious minority. If it is bad in theology, it can not be accepted in law.What is morally wrong can not be legally right.

Comparing practices in Islamic countries, Rohatgi said that in 25 nations, religion continued to strive even after abolishing triple talaq and hence, this can not be termed as "integral part of Islam".

"It is not only not an essential part of Muslim religion, it is not a part of religion at all".

"Substantiating my view with reasons and examples, I asserted that it can not be justified and can not be given law's validation", Khurshid said during the hearing.

Appearing for another petitioner Sharaya Bano, senior counsel Amit Singh Chadha brushed aside AIMPLB's contention that though sinful triple talaq was a matter of faith for the Muslims.

The Supreme Court can not be called upon to decide as to what was wrong or right with the practice and belief, he said. "But do not attempt to effect changes forcibly through the guile of Constitution", Sibal said.

The Centre, during the earlier hearing, assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if Triple Talaq is upheld as invalid.

After six days of historic hearing on a bunch of petitions challenging the constitutional validity of the triple talaq, the Supreme Court on Thursday concluded arguments and reserved its verdict in the case.

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