"If the practice of triple talaq is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community", Attorney General Mukul Rohatgi said. The Supreme Court clarified on Monday, the day three of the hearing, May 15, 2017, that it had not closed the window to scrutiny of the two contentious issues, though it said that a decision on triple talaq wouldn't have any bearing on those two issues. To this Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked, if they should not hear the matter at all."Yes, you should not hear", replied Sibal.
Advocate Farha Faiz, a petitioner in the case who is opposing the practice, had also alleged that Muslim clerics were running a parallel judicial system like the trial courts and the high courts and the clerics were forcing Muslims not to go to the courts.
At the outset, Mr. Khehar told Mr. Rohatgi that the court was only confined to the issue of triple talaq and was not going into the issues of polygamy and nikah halala due to paucity of time.
A five-judge constitutional bench of the top court is hearing the issue which has been raised in the form of a petition by several organisations.
The Supreme Court is hearing pleas challenging triple talaq, polygamy and "nikah halala".
Srinagar (Jammu and Kashmir), May 16: Former Jammu and Kashmir chief minister Farooq Abdullah on Tuesday said the All India Muslim Personal Law Board (AIMPLB) must think about the Triple Talaq issue instead of discussing it in the Supreme Court or any other court. For arguments, Supreme Court gave first three days to those in opposition of Triple Talaq and next three days to those who favor it. AIMPLB and other parties have two days left before the Supreme Court comes to a conclusion.
"When theocratic states are moving towards reform, then why is a secular country like India still practicing these things", he said, citing judgements of Kerala, Gauhati, Madras and Delhi High Courts which have said triple talaq was untenable in law. But we are not here to tinker with religion, tenets of religion and religious practices. "Hence, there was no question of constitutional morality and equity", the lawyer said. If the Nikahnama is changed by some statute, I would say that you are changing my very faith, but if I agree to that change on an individual basis, it is okay.
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"There was a discussion that whether Triple Talaq is valid constitutionally". Issue is patriarchy. All personal laws, be it Hindu, Muslim or Christian, all are discriminatory.
The board is protecting the practice of talaq thrice.
Rohatgi said even Sri Lanka, a secular country, has done away with the practice of triple talaq and Iraq which has a majority of Shia population have matrimonial laws which do not subscribe to triple talaq.
"Triple talaq is unconstitutional".
To this, the bench had said, "we can not do that".
The apex court however asked the AIMPLB its opinion on the position of e-talaq in Islam, given through Whatsapp messages.