'Triple Talaq should be declared invalid'

Posted May 16, 2017

As the issue of triple talaq is being debated in the Supreme Court, a city court has ruled that the marriage performed by a Muslim woman during the "iddat" (waiting) period is not void. "The Muslim Personal Law already addresses the issue of triple talaq being misused and those doing so are punished", AIMPLB member Maulana Khalid Rashid Firangi Mahali told ANI. Other issues can be deliberated upon some other time, the bench said.

If the Modi government has its way, the Centre will be the one deciding the mode by which a Muslim husband will divorce his wife.

Earlier, the apex court had observed that triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal".

"There was a discussion that whether Triple Talaq is valid constitutionally".

To a query from the bench, senior advocate Kapil Sibal, appearing for the All India Muslim Personal Law Board, said no government had ever introduced a bill on the triple talaq so far.

Mr Rohatgi brought to the notice of the court that a large number of Muslim countries such as, Pakistan, Bangladesh, Afghanistan, Morocco, Tunisia, Turkey, Indonesia, Egypt and Iran have undertaken significant reforms and have regulated divorce laws.

Previous governments did not bring law on triple talaq because the issue is dealing sensitively with minorities, the government told the Supreme Court today.

Sibal, starting his arguments, said the court should not interfere in Muslims' personal laws, otherwise the personal laws of other communities too could be challenged by anyone.

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"There was a talk that whether Triple Talaq is legitimate unavoidably".

Monday was the last day for those challenging triple talaq to state their points before the five judges from different religions: Sikh, Christian, Parsee, Hindu and Muslim. "Just like how the Hindu Marriage Act exists, there should be a Muslim Marriage law as well", added Shaista.

Supporting the position of closure the act of triple talaq, the Allahabad High Court had before declared that the privileges of any individual, including Muslim ladies, can't be damaged for the sake of "individual law".

The AG also told the apex court that Triple Talaq violated the Muslim women's right to equality within the community, and also within the country.

"Triple talaq is unconstitutional".

The Center, prior on May 11, told the zenith court that it contradicts the triple talaq practice and needs to battle for ladies correspondence and sexual orientation equity.

In December previous year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice "unconstitutional".