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Counsel for All India Muslim Women Personal Law Board says that she want to show the bench pages from the Quran. CJI asks her to wait for her turn. She even cites a book by AIMPLB saying that even this book's validity must be decided as this book will continue to haunt Muslims even after the issue is settled. CJI asks her to wait and says, how do we decide about this book?
Justice Nariman often infuses humour in serious court room discussions. While hearing submissions on whether Talaq e biddat is an innovation, he says it's a "super fast mode of talaq e ahsan", and what about a man who gives talaq after a couple of drinks at night. Justice Kurian Joseph nods in agreement.
Salman Khurshid at intervals submitting his expert opinion to the bench. He has explained the entire mode of Nikah and how is it performed. He explains the process of talaq which takes place over three months with intervals. The amicus curiae has said that woman can either opt for a stated clause in the nikahnama for talaq, or opt for Khula for divorce or opt for Mubara (divorce by mutual consent)
Kapil Sibal says there are various schools of Muslim thought and going into each of them will take time. He dismisses a judgment of Justice Ahmed of the Delhi HC on triple talaq stating that it is a view of the Ahle Hadees school of thought among Sunni Muslims and they are are minority in India. The judgment states that instanteneous Triple triple is not allowed.
Kapil Sibal appears for All India Muslim Personal Law Board (AIMPLM):
Triple talaq is an issue of faith and personal law and hence it is outside the ambit of judicial review...Parliament can make laws and codify but Courts can't get into it, says Kapil Sibal, who has appeared for All India Muslim Personal Law Board (AIMPLM).
AIMPLB had on March 27 told the apex court that the pleas challenging such practices among Muslims were not maintainable as the issues fell outside the realm of judiciary. The Board had also said the validity of the Law, founded essentially in the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution. It had said there was a need for "judicial restraint" before going into the constitutional interpretation of these unless such an exercise becomes unavoidable.
What is Nikah Halala?
Nikah Halala is a practice intended to curb the incidence of divorce under which a man cannot remarry his former wife without her having to go through the process of marrying someone else, consummating it, getting divorced, observing the separation period called 'Iddat' and then coming back to him again.
Click to Read | Religious Diversity of Triple Talaq Bench Justices Only a Coincidence
Schedule III of the Constitution of India deals with the oaths of office and secrecy to be taken by ministers and justices.
The bench has started to hear the first petition which is of Shayara Bano, who suffered instant, oral and unilateral triple talaq in October last year after 15 years of marriage. She went ahead and challenged the very provision of instantaneous triple talaq (talaq-e-bidat) and polygamy and nikah halala.
The apex court made it clear that each side will get two days each for canvassing their arguments on the two questions formulated by the bench and one day will be given for the rebuttal. The apex court also made it clear that it would stop any counsel who will repeat the arguments. "Each side can argue whatever they want but there should not be any repetition. They will only focus on the validity of triple talaq," the bench said.
Maulana Khalid Rashid Firangi Mehal on CNN-News18:
Triple Talaq is a part of our personal law...The Constitution gives us the right to practice our personal laws. No one has the right to interfere in it. Allahabad HC should have refrained from observation on triple talaq when Supreme Court is hearing the case. Only 5% of divorce cases in the country are from the Muslim Community.
Criticising the media, Maulana Khalid said Muslim women are not running to the media but media is running for such stories.
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