Muslim women questioning men's hegemony: Centre

How can 'sinful' triple talaq be a matter of faith, asks SC

"So during every prayer you say triple talaq is bad, sinful".

Triple talaq case: The All India Muslim Personal Law Board (AIMPLB), on May 18 informed the Supreme Court that it would soon allow a provision that allows women to say to "triple talaq" in their nikahnama (marriage contract).

The AIMPLB decision comes a day after the top court asked it to consider giving an option to Muslim women to deny prospective husbands the option of triple talaq.

That the bride has opted out of triple talaq would be recorded in the Nikaah Nama, the court was told.

"Getting married under the Special Marriage Act, 1954, is not the solution".

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The Supreme Court hearing concluded yesterday and the bench of five multi-faith judges reserved judgment. "Lots of sinful practices are still protected as customs", Sibal said.

With the Centre linking the issue of triple talaq with that of constitutional morality, AIMPLB wondered why was the Centre shying away from enacting a law to curb the practice by taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of a law invoking social reforms.

Sibal further argued that just like the Hindus' faith about Rama's birth at Ayodhya can not be questioned, similarly Triple Talaq which is also a matter of faith for Muslims should not be questioned. Rohatgi replied that the hallmark of a secular court was to reform without waiting for a legislation, when such matters come to it. "The system itself say it is horrendous and bad", the bench, also comprising justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, said.

It had also said that the issue of polygamy and "nikah halala" would be kept pending and will be dealt with later.

On the second day of the hearing, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the Supreme Court that the controversial Islamic divorce system can not be justified whatsoever. There is a process, follow the process.The court is not to decide what are the sinful practices in the world.

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"There was a discussion that whether triple talaq is valid constitutionally".

Earlier on Thursday, Shayara Bano's Counsel Senior Advocate Amit Chadha asked All India Muslim Personal Law Board to accept that the practice is a "sin". 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.

"The Central Government makes rules but in my opinion, the apex court should not interfere with it", Sibal said.

While AIMPLB was adamant that Muslim personal law practices could not be tested for its validity by courts, the petitioners were adamant that triple talaq was a blot on the Muslim community for denying right to equality to women.

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