Triple talaq hearing in SC on Tuesday. A Delhi-journalist gave account what happened today in the court.
“AIMPLB Vice President Yosuf Hathim Muchala said triple talaq is a sin and undesirable. The community is making reforms. We are trying to educate people and it will take time.
“Hathim basically tried to argue that instant triple talaq is valid but it is misused and efforts should be made to stop misuse.
“Muchala’s answer came in response to SC’s question why it is not mentioned in Nikahnama if triple talaq is so sacred.
“Kapil Sibal, AIMPLB, made the following points:
“1. Instant triple talaq is part of Islam. It is valid as per Quran and Hadiath. Majority of Companions of Prophet and Islamic scholars held it correct. Hanafi school of thought believes instant triple talaq is valid. 90% of the Muslims in India are Hanafi.
“Five high court judgements have held instant triple talaq invalid. These were cited by Attorney General. But in the four judgements, the judges have quoted Kadyani, Shia and Ahle Hadiath school of thought as the source. 90% Muslims in India do not subscribe to these school of thoughts.
“Legal argument: Sibal argued that it is for the Parliament to make laws. Court cannot interfere in Personal laws.
“Personal laws cannot be tested by Constitution. Personal laws are personal. And anything which is not in Personal Law and part of Customs is protected by Shariat Act of 1937.
“Marriage and divorce are all part of Personal laws and Shariat. These are all protected by Constitution.
“State shall only endeavor to bring Uniform Civil Code and cannot be brought by force.
“State shall not make any law on customs and usages. Customs and usages are not created by state. It is protected by article 19 and 21.
“Can Supreme Court test only Muslim Personal law on Constitution and not other personal laws.
“Rights of minorities should be protected in a Hindu majority country.
“Customs are protected all over the world. Look at the European laws and the US laws. Catholics do not believe in contraception but that is protected.
“Triple talaq is there since 637. Who are we to say that this is unislamic. Muslims are practicing it for the last 1400 years. It is matter of faith. Hence there is no question of Constitutional morality and equality.
“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.
“Arif Mohammad Khan on behalf of women personal law board said he will demolish Kapil’s all arguments point by point when given a chance,” wrote Ehtasham Khan.