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Triple Talaq Case: SC Will Continue Hearing Today


Sibal asked the apex court.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.

The Centre today told the Supreme Court that if it abolished Triple Talaq, it would bring in a new law on the issue.

Urging the Supreme Court constitution bench not to question the practice of triple talaq, Sibal submitted, 'If Hindus believe Lord Ram was born in Ayodhya, this faith can not be questioned on the ground of Constitutional validity. 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.

Today is the fourth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and "nikah halala" which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsi, Hindu and Muslim.

The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice.

The remark was made by the bench when senior lawyer Salman Khurshid referred to the various schools of thought and the stand of All India Muslim Personal Law Board that triple talaq was "abhorrent", yet valid.

Representing the government, Additional Solicitor General Tushar Mehta told the court that the Islam practiced in India was not "pure Islam" but an "anglicized" form of the religion.

Jethmalani had said "the right of triple talaq is available only to the husband and not to the wife and it breaches Article 14 (Right to Equality) of the Constitution".

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Referring to Hindu Code where exceptions were carved out for protection of customs and practices, Sibal said: "You can't say that all personal laws are protected but Muslim personal law was subject to fundamental rights".

More than 90 percent of Muslim women surveyed in 2015 by Bharatiya Muslim Mahila Andolan (BMMA), which campaigns for women's rights, wanted an end to triple talaq and polygamy.

The hearing last Friday also saw two veterans, jurist Ram Jethmalani and former Union Minister and Islamic scholar Arif Mohammad Khan, coming out all guns blazing against the practice of triple talaq. Immediately after a few years of the death of Prophet Muhammad, the companions of Prophet Muhammad talked about triple talaq.

While the Hindu law overhaul began in the 1950s and continues, activists have long argued that Muslim personal law has remained mostly unchanged.

Chief Justice of India asked that is e-talaq also there in existence.

"We can not go into rights and wrongs because my faith does not allow this", Sibal said.

The Centre, which also sought that the issues of polygamy and "nikah halala" should not be excluded from the ongoing deliberations, got an assurance from the apex court that these aspects were open and would be dealt with later.

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