Home Top Story SC to skip summer break for triple talaq case

SC to skip summer break for triple talaq case

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(The News Bureau)

At least five judges of the Supreme Court, including Chief Justice J S Khehar, will skip summer vacation starting from May 11 to hear petitions challenging controversial Muslim practices of triple talaq, nikah halala and polygamy.

CJI Khehar on Thrusday said the petitions will be heard by a Constitution Bench as the issues involved are ‘very important and i

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volve sentiments’.

Several Muslim women have challenged triple talaq, in which the husband pronounces talaq thrice in one go, sometimes even via phone or text message.

The Supreme Court had on February 16 asked all sides including aggrieved women petitioners, Centre, All India Muslim Personal Board and women rights bodies to submit written submissions.

The replies were filed on Thursday. ‘It is such an important issue…we cannot rush through… it will take time… there are so many nuances to it and we have to consider each one of them,’ the CJI-led bench said.

The apex court said it would decide issues pertaining to legal aspects of the practices and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.

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he bench had however, made it clear that it was not dealing with the issue of Uniform Civil Code (UCC), which is currently being examined by the Law Commission of India.

The All India Muslim Personal Law Board (AIMPLB ) in its affidavit submitted to SC said declaring triple talaq illegal will amount to ‘disregarding Allah’s directions and rewriting of the Holy Quran’.

It once again asked the court not to venture into area of changing personal laws. The Modi government has already supported the ban on triple talaq saying, ‘gender equality and the dignity of women are not negotiable’ and told judges that ‘even theocratic states have undergone reforms in this area of law’ which reinforces that these practices cannot be considered an integral part of practice of Islam.

 

 

 

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