Kerala man sends talaq to wife by post, court rejects it

Kerala man sends talaq to wife by post, court rejects it

Attorney General Mukul Rohatgi on Wednesday told the Supreme Court that the issue of triple talaq should not be seen as discrimination between majority and minority communities.

The Supreme Court asked the All-India Muslim Personal Law Board (AIMPLB) on Wednesday whether the body could ask qazis to ascertain from every woman prior to preparing the nikahnama whether she would give consent to her husband having the right to instant divorce through triple talaq.

"You can not snatch our right from us", said Mohammad Jafar, a life member of the All India Muslim Personal Law Board, the legal organization opposing the petitions filed in the Supreme Court, in an interview with CNN in February.

The five judge bench of the top court, headed by Chief Justice of India (CJI), Jagdish Singh Khehar and four other judges Justices Rohinton Fali Nariman, Kurian Joseph, Uday Umesh Lalit and S. Abdul Nazeer, reserved the order after hearing in great detail from all the parties - from various petitioners and respondents and the Central government for six consecutive days during the summer vacation session. They have undertaken some reforms asking people not to do it.

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

"In matters of faith, belief, practices and customs, constitutional morality is a non-issue", he said.

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. "Triple talaq is not a practice which is prevalent and is slowly dying. 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. Who are we to say that this is un-Islamic. Given such patriarchal thinking, AIMPLB's take on Muslim women too having the right to exercise triple talaq appears far removed from reality.

The court held that Faizy had never divorced the respondent, Jameela, by pronouncing talaq in accordance with Muslim law.

Sibal said this was a "very complex situation" as the AIMPLB says it was a practice and Article 25, which guarantees freedom of conscience and free profession, practice and propagation of religion, is a fundamental right.

Instant talaq stems from "1,400 years of faith of millions", just as the belief that Ram was born in Ayodhya is a matter of faith, board counsel Kapil Sibal said. But when it comes to Muslim personal law, the government says nothing should be permitted.

Continuing the arguments in "triple talaq" case for the fifth day, the Centre on Wednesday told the Supreme Court that the practice of instant divorce is not an essential part of Islam and it can not be allowed to continue in the court simply because of 1,400 years old practice. If they conclude it is, there may not be an terrible lot that the top court will do given how they have zeroed in on points that they will respond in their verdict. "But do not attempt to effect changes forcibly through the guile of Constitution", Sibal said. All Muslim women must come out against polygamy and Triple Talaq practiced by Muslim men in the name of Islam.

A FAMILY court in Kerala's Malappuram district recently rejected the petition of a Muslim man who wanted the talaq he had pronounced on his wife declared as valid by the court.

Comparing practices in Islamic countries, Rohatgi said that in 25 nations, religion continued to strive even after abolishing triple talaq and hence, this can not be termed as "integral part of Islam".

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.

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