Published: Thu, May 18, 2017
Health Care | By Jan Bell

Can the bride refuse triple talaq in nikaahnama, SC asks AIMPLB

Can the bride refuse triple talaq in nikaahnama, SC asks AIMPLB

The SC is hearing seven petitions, five of which have been filed by Muslim women, challenging the practice of triple talaq, polygamy and nikah halala within the Muslim community.

But the All India Muslim Women Personal Law Board that represents the interests of women from the community has argued that it wasn't fundamental to Islamic tenets. A five-judge Constitution bench headed by Chief Justice J S Khehar also said if all "Qazis" can be asked to include this condition at the time of marriage.

"You (Centre) said if court quashes triple talaq then you will make a law but why the government did not make a law for last 60 years?" the bench, also comprising justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, asked.

Addressing the constitution bench, AIMPLB's senior counsel Kapil Sibal said he had a meeting with the Board members and they have chose to issue an advisory to Qazis across the country.

He added that the court must look into these aspects, because a community can not decide what constitutes a fundamental right.

No second spike in cyber attacks is 'encouraging': British minister
That cheap move redirected the attacks to MalwareTech's server, which operates as a "sinkhole" to keep malware from escaping. The attacks exploited the computers because they were running outdated versions of Microsoft's Windows operating system.

Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally.

17 April: Uttar Pradesh chief minister Yogi Adityanath said on Monday the politicians maintaining silence on the issue of triple talaq were equally responsible as those practising it as he linked the Muslim practice of divorce to the disrobing of Draupadi in the Mahabharata. "As such NCW is against triple talaq. 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. They can not say we will not have a law and you (court) decide it.

The apex court is expected to pronounce its verdict in the triple talaq case in July. It stated in an affidavit submitted to the apex court previous year that Sharia grants right of divorce to husbands because men have greater power of decision-making.

He further argued that even under the Constitution's Article 25 which guarantees right to propagate and practice religion, core religious values were subject to part III of the Constitution spelling out the fundamental rights.

Hinting towards the difference in his and All India Muslim Personal Law Board's (AIMPLB) opinion, amicus curiae in the triple talaq matter Salman Khurshid suggested that the court should harmonise different views so that becomes one acceptable view available for the courts in the country.

Idea Cellular Q4: Reliance Jio may have continued to hurt margins
In October 2016, Reliance Jio came in existence and since then it has catered the huge market of Telecom sector. Ambani in last September claimed that they are planning to launch their services in up to 100 cities of India.

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.

"Yes, the Constitution says we will preserve your religion, whatever it is".

In that context, the Centre's proclamation that it will come up with a new law if the apex court strikes down triple talaq as unconstitutional doesn't add up. He subsequently moved the court to get the talaq declared valid, but the court dismissed the declaration suit on May 12.

However, the top court said that they have a limited time, so all the matters could not be covered at present. "The proof that triple talaq is not essential lies in the fact that Islam continues to thrive in many countries which had banished triple talaq", he submitted.

Earlier in the hearing, the apex court refused to hear all the three cases of Polygamy, Nikah and Halala at once, saying it will focus on one matter at a time.

Backs' Iannetta Hospitalized After Taking 93 mph Fastball To The Face
More importantly, the Diamondbacks managed a 16-hit attack and increased their home mark to 15-6, the best in the majors. The 33-year-old ace right-hander will bring a 4-2 record into next week's home matchup with the New York Mets.

Like this: