13 May, 2017
The Ministry of Law and Justice, in its affidavit, had referred to constitutional principles like gender equality, secularism, global covenants, religious practices and marital law prevalent in various Islamic countries to drive home the point that the practice of triple talaq and polygamy needed to be adjudicated upon afresh by the apex court. It was also pointed out that there are many countries in the world that do not allow dissolution of marriage through triple talaq.
The Supreme Court on Friday showed the mirror to the votaries of triple talaq asking them that if the Quran did not approve of such practice and different schools of Islamic thought held it as "undesirable", then how did it gain legal sanctity among the Muslim community?
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.
Umari, who is also the president of Islamic forum Jamaat-e-Islami Hind (JIH) reiterated that the problem of divorced Muslim women has been "blown out of proportion and statistics don't support the claim of this problem being endemic within the Muslim community". Subsequently, the groups issued a statement appreciating the Prime Minister's position on Triple Talaq. "The Holy Quran considers the importance of family and it provides four steps before pronouncement of divorce". "If you need more, then look at the life of the Prophet and if you still need more, then use your own good sense", Khan said. While the Hindu law overhaul began in the 1950s and continues, activists have long argued that Muslim personal law has remained mostly unchanged. Untouchability was banished by the Constitution, but stays with us.
Criticising senior Congress leader Salman Khurshid's "objectionable" statement on the Islamic divorce system of triple talaq being constitutionally unjustifiable, Muslim cleric Maulana Sajid Rashidi said it can not be abolished, as it is an Islamic process dictated in the Quran.
"There is no saving grace for this method of granting divorce".
Senior advocate Ram Jethmalani, who was appearing for one of the victims, called the one-sided termination of marriage "abhorrent".
"Some have suggested that women should add clauses in the nikah nama".
The bench intervened and said it was not dealing with state laws, but rather discussing personal law.
How can a woman be allowed to become ex-wife only because her husband wants and this is "the highest kind of unconstitutional behaviour", the noted jurist said.
He added that all laws had to conform to constitutional provisions and that the pre-Independence era Act on Muslim Marriage has to be made applicable to all Muslims, irrespective of sects. "Law can be made only to improve the lot of women", he said.
