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'How can theologically sinful triple talaq be a practice', Supreme Court asks Muslim Law Board

18 May, 2017 10:49 AM
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'How can theologically sinful triple talaq be a practice', Supreme Court asks Muslim Law Board

Before it reserved its verdict on the constitutional validity of triple talaq on what was the last day of its hearing, the Supreme Court asked the All India Muslim Personal Law Board (AIMPLB) how it is that a "custom which is theologically sinful" is "part of the practice of a community".

qNEW DELHI: Before it reserved its verdict on the constitutional validity+ of triple talaq on what was the last day of its hearing+ , the Supreme Court asked the All India Muslim Personal Law Board (AIMPLB) why it is that a "custom which is theologically sinful" is "part of the practice of a community".

The Muslim Law Board's lawyer Kapil Sibal, extended an argument of his from yesterday, when he replied saying that " testing the validity of customs+ and practices of community is a slippery slope" and added that the "Supreme Court SC must not venture there."

Yesterday, Sibal said challenging the constitutional validity of triple talaq, or instant oral divorce , could lead to a backlash in the Muslim community, which might see its rights as being infringed upon and therefore resort to supporting practices like polygamy and oral divorce.

The Centre, which wants oral, instant divorce declared unconstitutional, also said to the top court yesterday that "triple talaq isn't a basic and integral part of Islam+ ".

Separately, yesterday, the Chief Justice of India (CJI) J S Khehar - who's heading the 5-judge bench hearing the case - asked whether the AIMPLB can issue a directive to clerics to record at the time of the nikahnama, or marriage contract, whether the woman accepts triple talaq or not.

The Board replied today through Sibal, saying it is ready to issue an advisory to all clerics to ascertain women's views on triple talaq and make a note of it in the nikahnamas before they wed.

Here, Sibal again cautioned the court that it "must not get into validity of customs".

Also watch: Abuse of anti-dowry law: Supreme Court says no arrest till charges verified

Source: timesofindia.indiatimes.com

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