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Triple talaq practiced for 1400 years, how is it unconstitutional: AIMPLB

Triple talaq practiced for 1400 years, how is it unconstitutional: AIMPLB”

"The government will come out with law to regulate marriage and divorce among Muslims if court holds Triple Talaq as invalid", Attorney General Mukul Rohatgi told the bench.

"The scope of reference had all the three issues, that is divorce, nikah halala, polygamy".

At the outset of the hearing, the attorney general urged the court to examine not only the validity of triple talaq, but also that of the Nikah Halal and polygamy.

However, the top court said that they have limited time, so all the matters could not be covered at present.

On 15 May, the Centre had assured the apex court that it will come out with a law to regulate marriage and divorce among Muslims if Triple Talaq was upheld as invalid.

Men can declare talaq - or divorce - at any point in a marriage and do not need approval form the court.

He said no legislation can take the place of a custom, being practised over 1400 years, and it cannot be termed un- Islamic.

"Who are we to say that triple talaq is un-Islamic".

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The Centre's assertion assumes significance in the backdrop of the remarks of the apex court that it will only deal with the issue of triple talaq that too if it was fundamental to Islam.

The apex court has fixed a six-day schedule for hearing in which three days would be available for those challenging triple talaq and three days for those defending it.

Even bigger blunder by Sibal on day four of the triple talaq hearing in the Supreme Court was when he said "triple talaq can not be tampered with as it's something the Qura'n is silent about".

The practice of triple talaq enables Muslim men to get an instant divorce by uttering the word "talaq" or divorce thrice and is deemed to be sanctioned by the Shariat or Muslim personal laws, which govern their marriage and divorce in the country. "Hence, there was no question of constitutional morality and equity", Sibal argued.

"If triple talaq is struck down and Parliament refuses to pass a law, then what will happen. Talaq has become "law" under Article 13 and should be constitutionally moral", Mr. Rohatgi explained. The national Law Commission past year sought public views on whether to abolish the practice, triggering a debate between politicians and religious leaders.

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". Sibal was arguing on behalf of the All India Muslims Personal Law Board which had opposed the striking down of triple talaq. Immediately after a few years of the death of Prophet Muhammad, the companions of Prophet Muhammad talked about triple talaq. "It violates the rights of Muslim women", ruled the high court, adding that no personal law board was above the Constitution.

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

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