'Triple Talaq' is Worst Form of Marriage Dissolution,Observes Supreme Court
- by Arlene Howard
- in Global Media
- — May 14, 2017
The Supreme Court on Friday said that triple talaq is the "worst and most undesirable form" of dissolution of marriage among Muslims.
Khurshid referred to the global practice followed in Islamic countries where they have refused to accept talaq said three times in one go.
India's Supreme Court has begun proceedings to consider a challenge to the part of the Islamic divorce procedure called "triple talaq" whereby a man can divorce his wife simply by saying the words "I divorce you" three times. Justice Lalit asked senior advocate Indira Jaising who was appearing for one of the petitioners who have opposed the practice.
Senior advocate Salman Khurshid, who has offered to assist the court on this issue, said, " Triple talaq is a non-issue.
"There is no saving grace for this method of granting divorce". "The right of triple talaq is available only to the husband and not to the wife.One-sided termination of marriage is abhorrent, and hence, avoidable", he said, according to PTI.
The bench has sought suggestions on the broad parameters of the directions the court may issue while deciding the validity of triple talaq.
Khurshid then explained, "The All India Muslim Personal Law Board is the best body to guide the court on the varying philosophies of schools of Islam about Triple Talaq".
Some Islamic scholars say there is no mention of triple talaq in the Quran, which instead details a different process for divorce based on mediation.
India allows religious institutions to govern matters of marriage, divorce and property inheritance in the multi-faith nation, enshrining triple talaq as a legal avenue for its 180 million Muslims to end unions.
He said there were political differences in achieving UCC but while dealing with the issue of husband and wife, the court should keep the constitutional scheme in mind.
The apex court had on March 30 said that the Muslim practices of triple talaq, nikah halala and polygamy are issues that are "very important" and involve "sentiments".
However, All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal told the apex court that triple talaq falls under the Muslim board and therefore, the top court should not intervene in it.
Among the seven petitions filed to the Supreme Court by Muslim women, some complained that they had been divorced through a letter, postcards, as well as on Facebook and Whatsapp. "Issue of gender justice is there", Mr Mehta said.
National Convener of "Muslim Personal Law Awareness Campaign" Muhammad Jafar also briefed about the campaign during the press conference.
