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Two Fresh Intervention Applications Filed In The Triple Talaq Matter [Read Petitions]

Apoorva Mandhani
10 May 2017 2:42 PM GMT
Two Fresh Intervention Applications Filed In The Triple Talaq Matter [Read Petitions]
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Two Intervention Applications have been filed in the Triple Talaq matter, which is set to be heard from tomorrow, by a Constitution Bench of Supreme Court comprising Chief Justice of India J.S. Khehar, Justice Kurian Joseph, Justice R.F. Nariman, Justice U.U. Lalit and Justice Abdul Nazeer.

One I.A. has been filed by the Forum for Awareness of National Security (FANS), Ms. Lubna Assif (President of the All India Minority Front), Ms. Naseema Bano and Ms. Shahnaz Afzal. Senior Advocate Ram Jethmalani will represent the applicants for this I.A.

The Application contends that the practices of nikah halala and polygamy are unconstitutional, as being violative of Articles 14, 15, 21 and 25 of the Constitution of India. It further submits that the practice has “become amenable to varying and clashing interpretations appropriate to the tastes and tones of different scholars”, and “has come to the aid of those elements who enjoy destroying the life of helpless women in a single breath”.

The Application therefore demands: “A life of dignity and equality is undisputedly the most sacrosanct fundamental right guaranteed by the Constitution and it prevails above all other rights available under the laws of India. Therefore it is necessity in the pursuit of social justice, equity, dignity and discrimination should be decided. It is submitted that in view of the changes in the laws in various Islamic countries that either ban or restrict triple-talaq.”

Another I.A. has been filed by the Karnataka based ‘Innovative Law Forum’, which raises the following five questions for consideration by the Court:

  1. What is the basic stance of Shariah on divorce? In its spirit, is it permissible or a sin?

  2. What is the basic command regarding triple divorce? Irrespective of the point whether pronouncing triple divorce leads to divorce, what is the command about pronouncing triple divorce? In its spirit, is this action lawful or unlawful?

  3. If one does pronounce triple divorce, what will be its consequence? Will this signify triple divorce or a single divorce? What is the stance of jurists on the various forms of triple divorce?

  4. The mainstream Muslim (Jamhur Ahl Sunnah) viewpoint is that triple divorce pronounced in a single session does amount to triple divorce. What light is shed on this stance by the Quran, Hadith and the practice of the Companions, and what are the arguments for it?

  5. What is the command pertaining to the halala marriage?

A Bench headed by Chief Justice J.S. Khehar had on March 30, 2017 referred the petitions to a Constitution Bench. Taking ahead its hearing on a batch of petitions, one of them taken suo motu by it on the contentious issue and recurring complaints of gender discrimination suffered by Muslim women arising out of several rules in its personal laws, the Supreme Court said it would decide issues pertaining to legal aspects of the practices of triple talaq, nikah halala and polygamy among Muslims, 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.

The Bench had also made it clear that it would not deal with the issue of Uniform Civil Code (UCC), which is currently being examined by the Law Commission of India.

Read the Petitions here.

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