Supreme Court Concludes Triple Talaq Hearings, Reserves Verdict

Francis Osborne
May 20, 2017

India's top court has spent six days examining the legality of the "triple talaq" practice, raising hopes among women campaigners of a long-awaited end to the "quickie" divorce that can leave women penniless and homeless.

Another case of Triple Talaq has surfaced from Uttarakhand, where Shamim Jahan fell prey to the Islamic divorce practice.

In a last-ditch effort to stave off a drastic overhaul by the courts, the AIMPLB has indicated that it is willing to ask the qazis to provide Muslim women the option of keeping out the much-abused triple talaq practice out of their marriage contracts, and ask for a large amount of alimony.

Sibal insisted that triple talaq is a part of personal laws of the community and gets protection from the court's scrutiny.

Justice Kurian Joseph, one of the judges on the bench, asked, prompting Sibal to seek a week's time for the Urdu draft to be translated into English.

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Sibal earlier on Monday's proceedings said the apex court should not decide or interfere in one's faith and belief. Also, by implication, triple talaq itself doesn't become extinct if a woman desires the provision. "But if there is a clash between your personal law practices and the fundamental rights of equality and dignity, your personal law practices should give way", Mr. Rohatgi replied. The hallmark of a secular court is to start reform without waiting for a legislation. It continues to be stuck in the past and has so far steadfastly refused to reform its definitions of what comprises the welfare of the community, and consequently is now faced with the possibility of becoming irrelevant both within the community and in the court of law.

It had also said that the issue of polygamy and "nikah halala" would be kept pending and will be dealt with later. The contradiction wasn't lost to the SC which asked how God can ordain a "sinful practice".

A constitution bench of five judges led by Chief of Justice of India Justice JS Khehar heard the supporting as well opposing arguments on the controversial practice of triple talaq.

However, the Central government has termed triple talaq and all its forms as unconstitutional and has demanded that it must be struck down.

Triple talaq is neither integral to Islam nor a "majority versus minority" issue but rather an "intra-community tussle" between Muslim men and deprived women, the Centre today told the Supreme Court. Banning Muslim men in India from saying "I divorce you" three times to leave their wives won't protect women from destitution and women need education about economic rights, a leading women's rights lawyer said yesterday as a landmark case ended.

Other reports by TheDailyFarc

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