Supreme Court clinches hearing and reserves decision on legitimate soundness

Supreme Court clinches hearing and reserves decision on legitimate soundness

The apex court which has made a number of observations during the past hearings claimed the practice to be '"worst form of dissolution of marriage among Muslims".

Justice Khehar said that rather than the Supreme Court, the government should initiate legislation to drive the perceived hegemony away.

Earlier in the hearing, the apex court refused to hear all the three cases of Polygamy, Nikah and Halala at once, saying it would focus on one matter at a time. We see a golden eagle flying high in the sky. "In the past, this was not even possible". It said India's 160 million Muslims followed the Hanafi school of Islam which validated triple talaq. The court is not here to decide what is a sinful practice in the world. We have no other option.

With their support, Farha was able to bring her divorce case in front of other members of her community, and, through that pressure, she received alimony from her husband. However, the wife argued that the talaq can not be considered legally valid as the petitioner did not follow the procedures as specified in the Muslim law. Women have questioned centuries of hegemony they suffered at the hands of the men within the community.

Her husband was a well-established lawyer.

"How will you (court) set it aside?"

They were incensed that the government had applied a "uniform" law to an area they believe should be governed by religious law - and they were anxious it would further erase their rights as a religious minority. Reform would come from within the community on its own terms.

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Muslims in India should encourage their community to follow Indian law and order and keep religion out of it, like they expect Hindu religion influence in the name of secularism.

In practice, however, "the family law system in India is a very big mess", said legal scholar Tahir Mahmood in an interview in February. "The impact of divorce is civil and not religious".

Former Union minister, Islamic scholar and lawyer, Arif Mohammad Khan, arguing for All India Women Personal Law Board, strongly objected to the submissions of the AIMPLB and said Islam can not have any room to dictate any person and the holy Quran says "killing an innocent person is like killing the entire humanity". As there is no valid talaq contemplated under Muslim law, the petitioner is not entitled to get the declaration as prayed for, the judge held.

"Rights given under Article 25 of Constitution can not be considered as absolute", he said, adding the court has to look into these aspects as a community can not decide what is their fundamental rights.

In the light of the above stated Constitutional provision and triple talaq being matter of faith for the followers of Islam, giving a woman (Muslim) an option of saying "no" to triple talaq at the time of execution of nikahnama', seems to be the most possible mid- way solution to the current issue. The apex court bench said the government has to first pass the test of "essentiality" and prove that "triple talaq" is not an essential part of Islam, as this will amount to "tinkering" with religion.

It's made for seemingly contradictory alliances. This position doesn't elaborate what the alternative to triple talaq is.

The petition was sponsored by the Muslim Rashtriya Manch (MRM), an Islamic organization affiliated with the right wing Hindu Rashtriya Swayamsevak Sangh (RSS).

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