Triple talaq is a sin, says main petitioner's lawyer in SC

Triple talaq is a sin, says main petitioner's lawyer in SC

Triple talaq is a sin, says main petitioner's lawyer in SC

Can you ask your Qazis to have a model nikahnama?

Campaigners have sought a ban on quick divorces although statistics on the prevalence of the practice are unclear with critics suggesting the numbers are low.

Questioning the competence of the SC to go deep into religious practices in which the community had shown faith for centuries, Sibal said, "A billion words have been written on triple talaq and yet the debate continues".

He told the bench that they would consider the suggestion in all humility and look at it.

"If I have faith that Lord Ram was born at Ayodhya, then it's a matter of faith and there is no question of constitutional morality" and it can not be interfered with by a court of law, former Law Minister and senior lawyer Kapil Sibal, representing the Board, said while drawing an analogy between triple talaq and the belief about Lord Ram.

The conclave took place on April 14, 2017.

The bench had made it clear that it would examine whether the practice of triple talaq among Muslims is fundamental to their religion and had also said for the time being it will not deliberate upon the issue of polygamy and "nikah halala".

Referring to Hindu Code where exceptions were carved out for protection of customs and practices, Sibal said: "You can't say that all personal laws are protected but Muslim personal law was subject to fundamental rights".

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Noting the government's insistence that the court should first rule against instant triple talaq and then it would bring a law, the bench asked why the government was not making a law instead of asking the court to decide the matter.

To this, Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked if they should not hear the matter at all. CRDDP found 331 reported talaqs from both women and men respondents, out of which only one case was that of oral instant triple talaq. Many Islamic scholars says even if a man says talaq a million times in one setting, it is to be treated as the beginning of the three-month period.

It also equated the Muslim's belief of triple talaq with the Hindu belief that Lord Rama was born at Ayodhya. It is a matter of faith.

29 June: SC says triple talaq among the Muslims will be tested on "touchstone of constitutional framework". Any rational person would agree that the practice of triple talaq needs to be abolished because of the way it results in the abuse of women.

Rohatgi, describing instant triple talaq as a "pernicious" practice, urged the court to "step in as a guardian of the fundamental rights". We are trying to educate people.

9 December: The Allahabad high court, in a verdict, stopped short of calling the practice of triple talaq under Muslim law unconstitutional but observed that personal laws could not override constitutionally guaranteed rights of individuals. "We held a meeting yesterday [Wednesday] and will send a circular to all the Qazis to mention it in nikahnama that it would not be permitted", Mr. Sibal submitted. But we will do it in our own way. Like when it comes to Dowry prohibition Act or Guardianship Act you follow customs and protect them,"he said".

"Triple talaq is there since 637".

On Wednesday, Justice Kurian had asked Mr. Sibal to enquire with religious and community leaders if such an option could be included in the nikahnama. "Talaq is separation, which is conceived and well explained in the Koran".

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