Published: Sat, May 20, 2017
Health Care | By Oscar Goodwin

Triple Talaq victim threatens to 'convert' to Hinduism

Triple Talaq victim threatens to 'convert' to Hinduism

The Supreme Court on Thursday concluded hearing in the triple talaq issue and reserved its verdict even as the All India Muslim Personal Law Board (AIMPLB) said it has made a decision to issue an advisory to Qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikaah. The verdict is due to come out in July.

Such a clause in the nikahnama would allow brides to insist that the groom agree on record that she can not be given an instant talaq.

Prime Minister Narendra Modi disagrees and past year waded into a controversy by saying he believed it was destroying women's lives, with Muslims making up about 13 per cent of the country's 1.2 billion people.

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"I had a meeting with the law board and they have accepted that this will be part of the nikahnama. We will send an advisory to all "qazis" stating that they should avoid instant triple talaq".

The bench had begun the hearing on May 11.

No hearing in any court in India on any Muslim custom, practice or personal law can be complete without referring to Sir Dinshah Fardunji Mulla's monumental work on interpretation of Mohamedan law. The Constitution has provided for a procedure to bring in a law for social reform. "Even Article 25 [freedom of religion] is subject to fundamental rights", Mr. Rohatgi responded.

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In his rejoinder arguments while saying that "what was sinful in theology, can't be good in law", senior counsel Salman Khurshid said that he differed with the AIMPLB saying that Islam suffered from patriarchy. If it is bad in theology, it can not be accepted in law-.What is morally wrong can not be legally right. What is morally wrong can not be legally right. "What is not fully moral, it can not be legal", the bench observed.

Mumbai-based Uzma Naheed, an AIMPLB member for years, has revealed the Board's past stonewalling of a crucial reform, days after it submitted to the Supreme Court that it was ready to include such a clause in the nikahnama for a talaq-e-tafweez, or "delegated divorce", to give women a right to pronounce talaq in all forms. Asking the court not to resort to "hands off" policy, Chadha said judiciary was the only hope for people, opposed to it as Muslim bodies say it is bad, but be allowed to continue and the Centre says that it is undesirable, but it would not legislate. He, however, argued that the court should not examine it.

Chaddha cited how the Centre was refusing to outlaw the practice despite agreeing that it went against constitutional guarantees. "The system itself say it is horrendous and bad", the bench, also comprising justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, said.

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