teknolojiarsivi.com
teknolojiarsivi.com June 25, 2017


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

Women are not allowed to use the method and are often left homeless and with no money- leading to many appealing to overturn it at the 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.



Other News

Trending Now

Rolf Harris released: First pics of Aussie returning home after leaving jail
The former entertainer, 87, will be released on bail as he faces a fresh trial over alleged indecent assault offences. Harris denies four counts of indecent assault. "I do feel strongly that men like Harris shouldn't get away with it".

Four automakers agree to $553 million settlement to resolve Takata claims
By 2019, automakers will recall 64 million to 69 million USA inflators in 42 million vehicles, regulators said in December. The airbags are blamed for 11 deaths and more than 150 injuries, though further cases are now under review.

Olivier Giroud grabs two as Arsenal pile pressure on Liverpool
Champions League-chasing Arsenal moved within a point of fourth-placed Liverpool with a comfortable 4-1 win over Stoke City. Wenger's claim that some teams are already "on holiday" was rejected by Pep Guardiola.

HTC U 11 With 'Edge Sensor' Expected to Launch Today
It includes 4GB of RAM and 64GB of internal storage that can be further expanded technically up to additional 2TB. We should find out everything tomorrow when the handset is officially introduced, so keep checking in.

More bugs may be released: Hacking group
In the same jibberish rant, it has also been mentioned that the hacker group is now planning to follow a monthly data dump cycle. But now, the monthly subscription model might mean the bugs will find their way into the hands of more people, said Mr Hall.

Samsung Galaxy Note 8 said to have 6.3-inch 18.5:9 screen
The Samsung Galaxy S8 shines in the video recording segment where it comes out at the top with a sub-score of 88 points. The mid-range smartphone will sport a MediaTek Helio P20 ARM SoC with eight cores running at 1.6GHz.

North Korea's latest missile test may be a 'substantial advance'
North Korea launched a ballistic missile early Sunday from the northwestern part of the country. Beijing has cited United Nations resolutions for all of its measures against North Korea.

Victor, J.D. Martinez home runs lead Detroit Tigers over Baltimore Orioles
Danny Duffy picked up first victory since April 14, and Mike Moustakas belted a three-run homer as Kansas City defeated NY . He had thrown just 31 pitches, even with two walks, in the first two frames, but got in trouble early in the third.

White House: Cyberattack has not affected US government
Several Cabinet secretaries, deputy secretaries and "appropriate staff" attended the Saturday meeting, the official told POLITICO. While a handful of Australian systems have been affected, those in Russia, Taiwan, Ukraine and India are the most affected.

McIlroy to undergo test on troublesome back
After the round, McIlroy admitted he tweaked his back in preparation for his return from a January injury suffered in the BMW South African Open.