ON TRIPLE TALAQ, SUPREME COURT ASKED IF IT IS SINFUL, CAN IT BE IN SHARIAT ?”:

The triple talaq hearing begins in the Supreme Court. The five-judge bench headed by CJI JS Khehar hears arguments from Salman Khurshid, who is arguing the case on his personal capacity. He is the amicus curae in the case.   The Supreme Court on Thursday said that it would “examine” whether the practice of triple talaq among Muslims is fundamental to their religion. However, it may not deliberate upon the issue of polygamy as it began hearing petitions challenging the practice  A five-judge bench, made up of judges from different religious communities — Sikh, Christian, Parsi, Hindu and Muslim — is hearing on a batch of pleas challenging the constitutional validity of ‘triple talaq’, ‘nikah halala’ and polygamy practices among Muslims  Today, Justice R Nariman observed that one should see the difference between theory and practicality in the present context in connection with nikah and talaq in Islam. Khurshid told the SC that the AIMPLB takes a stand that triple talaq is abhorrent yet valid. The court observed: Something which is sinful, can it be a part of Shariat?’ The Muslim Personal Law is based on the Shariat.   The CJI said that all customs are subservient to the 1937 Act. (The Muslim Personal Law (Shariat) Application Act of 1937).  The pleas before the apex court have also challenged the constitutional validity of other practices like ‘nikah halala’ and polygamy among the Muslims.  The bench is also taking up the main matter on its own as a petition titled “Muslim Women’s quest for equality”.  The apex court had on its own taken cognisance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands.  The hearing assumes significance as the apex court has decided to hear the case during the summer vacation and is likely to sit on Saturdays and Sundays to expeditiously decide the contentious and sensitive issues arising in the matter.  The Rediff.com : 12th. May,17

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