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Principale » SC begins hearing on triple talaq, says will not touch upon polygamy

SC begins hearing on triple talaq, says will not touch upon polygamy

14 Mai 2017

The multi-faith bench of five judges - a Hindu, a Sikh, a Christian, a Zoroastrian and a Muslim - had on Thursday made clear it would not examine the Islamic custom of polygamy and nikah halala while hearing petitions against triple talaq.

Another bench of the court had also forwarded a plea saying the constitutional validity of these practices required to be examined.

Two senior counsel, appearing for parties seeking an end to the practise of triple talaq, said that triple talaq is not fundamental to Islam, in response to questions framed by Chief Justice of India J.S Khehar, who headed the bench. All India Muslim Personal Law Board (AIMPLB) through its senior lawyer Kapil Sibal supported Mr Khurshid's line of argument and said triple talaq is a non-issue.

Senior Congress leader Salman Khurshid who is the amicus curiae in the ongoing Triple Talaq hearings said before the Supreme Court that the controversial Islamic divorce system can not be justified whatsoever.

On last Friday, the All-India Muslim Personal Law Board had justified "triple talaq" form of divorce in the Supreme Court.

The supreme court in India has opened formal hearings into a number of petitions that challenge the practice of instant divorce in Islam. The high court added that no fatwa can be contrary to someone's rights.

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The Centre has already told the top court that the three custims violated Muslim women's right to equality and dignity, and were not protected by Article 15 (1) of the Constitution guaranteeing freedom of religion.

The bench will be hearing a batch of petitions filed by several Muslim women victims of the controversial practice seeking to declare it "illegal, unconstitutional and discriminatory".

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Judge Kesarwani further said: "All citizens, including Muslim women, have fundamental rights guaranteed by the Constitution". "We will limit our scrutiny only to the validity of triple talaq".

The Supreme Court's decision will affect many women victims in the country and those who are vulnerable to the instantatenous oral and unilateral triple talaq.

Muslims are governed by the personal law that came into force in 1937.