A five-judge bench of the Supreme Court hearing the contentious triple talaq case for the fifth day today. Equating the issue with the belief that Lord Rama was born in Ayodhya, the All India Muslim Personal Law Board had told the apex court on Tuesday that these were matters of faith and “cannot be tested on grounds of constitutional morality”.
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ANI TWEETS | Chief Justice of India, Jagdish Singh Khehar, asks AIMPLB’s lawyer, Kapil Sibal if it was possible that the bride will be given the right to not accept instant triple talaq.
- When questioned whether the Qazis will follow the directives of the board at the ground level, one of the AIMPLB’s lawyers – Yousuf Muchala – said that it was not mandatory.
- The AIMPLB lawyers also said that the board accepts the SC’s suggestions with all humility
- AIMPLB shows SC a resolution it passed on April 14, 2017 which says that Triple Talaq is a sin and community should boycott the person who does it
RECAP | Kapil Sibal stressed on how a Muslim marriage is a civil contract, which does not have any element of sacrament in it. Sibal contended that just because a certain section of people was aggrieved by their personal laws, does not warrant a case to seek reform in the area. He also said that uniform law was a reality in India, but it does not touch marriage or divorce. Sibal also cited a recent incident of a Dalit being denied a haircut to show the plight of the minority in the country. "The Hindus have no interference, then why only in the case of Muslims," said Sibal
RECAP | On Tuesday, after several arguments against triple talaq, a Constitution Bench of Supreme Court heard submissions on behalf of All India Muslim Personal Law Board on day four of the hearing. Senior advocate Kapil Sibal, representing AIMPLB, told the five-judge bench that the majority cannot make laws for the minority and “the legislation of reform that has been cited is from the majority community”. Sibal contended that laws like the Hindu Marriage Act are for the majority community and that just because they feel that the minority community needs a reform, it cannot be implemented
RECAP | On Monday, Attorney General Mukul Rohatgi, who is representing the government, told the Supreme Court that the government was ready to bring a law if the SC abolishes Triple Talaq, nikah halala and polygamy. The bench refused to hear the case on nikah halala and polygamy, despite repeated requests by the Attorney General, as there was 'limited time'
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