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Triple talaq hearing ends; SC reserves judgement

The triple talaq hearing going on in the Supreme Court for the last few days has come to an end with the apex court reserving the judgement. In hearing that took place today, the All India Muslim Personal Law Board informed SC that it had a meeting on this issue and has decided that the board will send an advisory to all the Qazis (those who perform nikah and give opinion on religious issues) to communicate to the masses to “avoid instant triple talaq at all cost,” wrote a senior journalist on his timeline.

“It is an effort by the board to bring social awareness among Muslims. It requested the court to allow the reforms happening within the community and not interfere in Personal laws.

“Board will file an affidavit on this.

“Sources to News 18 India — the board is also planning to include a clause in nikahnama that the instant triple talaq will not be valid until and unless the wife endorses it,” wrote Ehtesham Khan.

On Wednesday he wrote: “Brilliant argument by Indira Jaising on behalf of Bebak Collective on triple talaq.

“A law whether codified or not should be tested under article 14 and 15 of the Constitution.

“Your lordship can not just put your hands off just because it is a matter of personal law.

“I am not here just for Muslim women but for hindu, Sikh, Christian and all women. The consequence of this matter is very large.

“You will have to decide whether the jurisdiction of 32 applies here or not.


“There is no definition of personal law. Triple talaq is also a law. And it is subject to scrutiny.

“To say that you cannot enter this domain (personal law) is very dangerous. It should be seen in perspective of family law. And must be regulated. Divorce has a big impact. It is civil in nature. It affects succession, custody of children and maintenance and a lot more.

“Triple talaq is not religion but a practice associated with religion.

“The status of divorced woman is that she has lost everything. It is a matter of right to equality. And it is controlled by non state actors.

“The shariat law as recognised by 1937 act do not give equal right to men and women.

“Every community must have personal laws. I am opposed to Uniform Civil Code. But personal law must pass the test of Constitution. It must provide equality to citizens. The supremacy of Constitution must prevail.

“The right to practice and propagate religion is subject to public order. That is why several states have made anti conversion law. I have the right to propagate my religion and invite anyone to convert to my religion. But I am restricted to do that by anti conversion law.

“Triple talaq hearing: SC grills AG why Centre do no bring law to invalidate triple talaq.

“CJI — why you do not bring law.

“AG — we will do what we have to do. But the question is what you will do.

“The court burst into laughter.

“AG — a secular Constitution will have to rise above all. Yes we will protect you (minority) but we can’t do away with rights of the citizens. Let us see Hindu law. There were so many practices like sati, devdasi system, widow cannot remarry etc. But these have been abolished.

“CJI — which judgement set them aside? ( hinting that courts did not interfere in it)

“AG – may be not by the court.

“Justice Kurian Joseph — these were reformed by legislation.

“AG — Even then you just cannot leave it on legislature. Why did you do that in Vishakha judgement?

“Justice Kurian — but there is no statutory provision here. What will we examine.

“AG put a weak argument today. Mainly concentrating on Shamim Ara judgement. He said that triple talaq is not essential part of Islam. If it is not integral to religion then it is not protected under article 25 of the Constitution. It is subjected to public order. It is similar to a person wanting to go to go to a mosque and section 144 is imposed. He cannot go. Here article 25 is subjected to public order.

“Judges read Quran in court

“Lawyer V Giri representing Jamiat Ulama-e-Hind showed holy Quran to the judges and read Surat al Baqra verse no 230 chapter 2 saying triple talaq is valid and has reference in the holy book. He presented a copy to the judges.

“CJI and Justice Rohington Nariman then read the verses and asked the lawyer to read the verse. Justice Rohington then pointed out that the lawyer was misinterpreting the verse. The verse talks about the final pronouncement meaning the third time talaq is pronounced after the first two has been pronounced. The moment you mention the role of arbitrators, triple talaq us out.

“The lawyer V Giri was unable to comprehend the situation and finally Kapil Sibal pulled him back and asked him to not press this further,” he wrote.

OT.COM reports that Jamiat puts forward its stand before the constitution bench of the Apex Court.

On the fifth day of ensuing debate over triple talaq, advocates representing Jamiat Ulama-i-Hind including V. Giri, Shakil Ahmad Sayed, Niaz Ahmad Farooqui, Mujibuddin Khan, Uzmi and Mohammad Perwez submitted a written representation about their stand on triple before the Constitution Bench of the Apex Court.

Jamiat lawyers while putting forward their stand on the issue categorically stated that Triple talaq has been mentioned in the holy Quran and Hadiths and the same has been interpreted and implemented in the Muslim society by the authentic Islamic scholars with due care.

Jamiat advocates emphatically argued before the bench that judiciary did not have right to make amendment in the personal law. According to the Shariat Application Act 1937 Section-2 if both parties are Muslims, then any marital dispute between the espouse have to be sorted out or decided according to the Muslim Personal law. It has been categorically stated that matter shall be decided as per shariat law, but no specific details about any law has been mentioned. Under such circumstances, the court has no authority to make any changes in the personal law. Yes if there is any specific law, the court can intervene. For an instance, there is an specific law about wakf property with specific clause.

The advocates of the Jamiat also shed light on the fact other parties to this case i.e Muslim personal law and others while representing its stand have conceded that there is no mention of triple in the holy Quran. However it has been mentioned in the prophet’s tradition.

Jamiat lawyers contended that it is sufficient if it has been mentioned in the prophet’s tradition, because both the holy Quran and prophet’s tradition are authentic sources of Islamic jurisprudence. Jamiat while differing with Muslim Personal law Board on the issue contended on record that triple talaq has been explicitly mentioned in the holy Quran. Verse no. 230 of chapter Baqra of the holy Quran has been cited as a reference to triple talaq. However there exists difference among the interpreters of the holy Quran on this issue. But judiciary has been deciding the case as per interpretation of a particular interpreter. Thus jamiat thinks it as its onerous responsibility to argue before the Constitution Bench that triple talaq has been mentioned in the holy Quran. It would be erroneous to contend that triple talaq has not been mentioned in the holy Quran.

Maulana Mahmood Madani, Gen. Sec. of Jamiat while expressing his satisfaction over Jamiat stand in the Apex Court said that Jamiat had complete faith in the Supreme Court. He also expressed optimism that the Supreme Court would not interfere in the personal law under any external pressure. Maulana Madani conceded that certain un-Islamic rituals and practices concerning marriage and divorce have crept in the Muslim society that was against the Islamic shariat. “We are struggling and striving to root out such un-Islamic practices from Muslim society. We believe that Islamic law takes due care of women’s dignity. Therefore there is no need to frame any additional law about them.”

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