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NEW DELHI: Making a desperate attempt to dissuade the Supreme Court from testing the validity of triple talaq, the All-India Muslim Personal Law Board (AIMPLB) agreed on Thursday to pass a resolution advising qazis to include a bride's view on triple talaq in the nikahnama.
Sibal said, “A lot of sinful things happen in society and are protected by personal law. The Supreme Court is not there to get into testing the legality of every sinful practice and correct it. If the government wants to correct it, it can do so by enacting legislation.If the SC starts interpreting Hadith, then it chooses to travel down a slippery slope.
“AIMPLB does not want the SC to get a foothold in the doors leading to scrutiny of customs.Once it gets a foothold, the doors to personal practices and customs will be ajar and the court will not know where to stop. It is a very slippery slope and the court must be very careful.“ This was met with vociferous disapproval from women lawyers even as the SC said it understood Sibal's argument that courts must adopt a hands-off approach.
The bench asked Sibal, “If the courts were to have a handsoff approach, how did the Bombay high court order women's entry in the Shani Shingnapur temple and Haji Ali dargah?“ Sibal said women's groups had protested against the ban on their entry into Shani Shingnapur temple despite enactment of the Maharashtra Hindu Places of Public Worship (Entry Authorisation) Act, 1956. “This is what I am arguing. Enact a law and then regulate. But let the courts not test the validity of a custom or practice of a community,“ he said.