The Asian Age

‘Triple talaq’ in SC today: Judges from 5 religions

- J. VENKATESAN

A five-judge Constituti­on bench of the Supreme Court will hear from Thursday a batch of petitions challengin­g the constituti­onal validity of the Islamic practices of talaq-ebidat, nikah halala (forms of divorce) and polygamy.

The bench, sitting in the summer vacation, comprises an interestin­g combinatio­n of Chief Justice of India J.S. Khehar (Sikh), Justice Kurian Joseph (Christian), Justice Rohinton Nariman (Parsi), Justice Uday Lalit (Hindu) and Justice Abdul Nazeer (Muslim).

With Prime Minister Narendra Modi asking Muslims not to politicise the triple talaq issue, the Centre has maintained that these practices are not protected under the right to religion guaranteed under Article 25 (1) of the Constituti­on. It said the fundamenta­l question for determinat­ion by this court in this case is whether, in a secular democracy, religion can be a reason to deny equal status and dignity, available to Muslim women under the Constituti­on.

A five-judge Consntitut­ion Bench of the Supreme Court will hear from Thursday a batch of petitions challengin­g the constituti­onal validity of the practices of triple talaq, nikah halala (forms of divorce) and polygamy in Islam.

The bench, sitting in the summer vacation, comprises an interestin­g combinatio­n of CJI J.S. Khehar (Sikh), Justice Kurian Joseph (Christian), Justice Rohinton Nariman (Parsi), Justice Uday Lalit (Hindu) and Justice Abdul Nazeer (Muslim).

With Prime Minister Narendra Modi asking Muslims not to politicise the triple talaq issue, the Centre has maintained that these practices are not protected under the right to religon guaranteed under Article 25 (1) of the Constituti­on. It said the fundamenta­l question for determinat­ion by this Court in this case is whether, in a secular democracy, religion can be a reason to deny equal status and dignity, available to Muslim women under the Constituti­on.

The All-India Muslim Personal Law Board on Friday justified in the Supreme Court the “triple talaq” form of divorce and cautioned the court from interferen­ce with personal laws in the guise of social reform and bringing in uniform civil code. The board said all three utterances of Triple Talaq are effective and validly terminate the marriage is accepted by all the four distinct schools of jurists, namely Hanafi, Shafai, Maliki, and Hanbali.

The board said that though pronouncem­ent of Triple Talaq is considered to be a sin, it is still a valid and effective form of divorce. In Islamic jurisprude­nce, many times an irregular or improper nature of an act does not affect the legal consequenc­es of the Act. Though Triple Talaq is the least appreciate­d form of terminatin­g a marriage, yet is very much effective and in line with the Shariat law,” the board said. Asking the court not to interfere with freedom of religion, the board said the issues raised in the batch of petitions had already been decided by the court and hence the issues need not be re-opened again.

 ?? — BUNNY SMITH ?? Women hold placards during a protest against triple talaq in New Delhi on Wednesday.
— BUNNY SMITH Women hold placards during a protest against triple talaq in New Delhi on Wednesday.

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