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Will deal with only triple talaq due to paucity of time: SC
20 May 2017, 12:50 | Conrad Doyle
New Muslim divorce law if triple talaq is struck down, government tells Supreme Court
Rohatgi's statement was in response to the court asking him what a Muslim man can do to end the marriage if triple talaq is struck down.
"So what? Nothing. The point is you have to go a step further and strike down triple talaq, declare it illegal, You have to first decide whether this practice is against constitutional morality or not", he submitted.
"The scope of reference had all the three issues, that is divorce, nikah halala, polygamy".
The Centre yesterday assured the apex court that it will come out with a law to regulate marriage and divorce among Muslims if Triple Talaq was upheld as invalid.
Sibal was addressing the constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer, which is hearing a batch of petitions challenging the constitutional validity of triple talaq.
But the Islamic instant divorce has come under increasing criticism as unconstitutional by violating the right to equality.
'Family and social norms could never be tested with the touchstone of Constitutional morality, ' Sibal argued vociferously, rejecting the Centre's plea in this regard and asked 'if both marriage and divorce are contracts in Islam, why should others have a problem with it, especially when it is practiced for 1,400 years?'
"No doubt that Triple talaq is very hard for women but there is a board for Islamic law".
"The Central Government makes runs however as I would like to think, the pinnacle court ought not to meddle with it", Sibal said.
During the day when the bench asked whether triple talaq was part of holy "Quran", Sibal said, "Quran does not talk of it. Hence, the contention of the man on this aspect is found to be without any merits", Special Judge Bhupesh Kumar said while relying on a Supreme Court observation.
Many Muslims women have shown their views and they had opposed the practice of triple talaq as several pleas were filed by Muslim women challenging the practice of triple talaq, on hearing it the apex court has chose to observe that whether the issue is fundamental to religion or not.
"Yes, you should not hear", replied Sibal. Shariat is personal law and it in no way comes under Article 13 of the Constitution.
He said even if triple talaq is considered as an essential part of religion and falls under Article 25, the practice still has to be constitutionally moral.
"If triple talaq is struck down and Parliament refuses to pass a law, then what will happen".
"Even if talaq is considered under Article 25, it has to be related to the fundamental rights and should abide by the principles of gender equality, non-discrimination and justice", the AG said, adding that all personal laws have to be in confirmatory with the Constitution. Issue is patriarchy. All personal laws, be it Hindu, Muslim or Christian, all are discriminatory. Immediately after a few years of the death of Prophet Muhammad, the companions of Prophet Muhammad talked about triple talaq.
Chief Justice of India asked that is e-talaq also there in existence.
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