Indian Supreme Court Declares Instant Divorce Not Part of Quran


In that prayer, you say triple talaq is a sin and bad.

When Mulla was referred to by senior advocate Salman Khurshid on Thursday, Justice Nariman said, "Mulla was not only a great scholar on Muslim law but also a qualified priest like me in the Parsi community".

In actuality, this is a "tussle" by Muslim women for justice against the men of their own religion, Attorney-General Mukul Rohatgi submitted before a Constitution Bench led by Chief Justice of India J.S. Khehar.

The court was told that the AIMPLB would file an affidavit stating its decision and include a copy of the model Nikaah Nama.

Jahan was given Triple Talaq by her husband Asif inside the Gadarpur police station.

The CJI pressed on with his argument by saying that triple talaq was "mentioned nowhere in the book".

Justice Kurian Joseph, one of the judges on the bench, asked, prompting Sibal to seek a week's time for the Urdu draft to be translated into English. "Parliament can interfere, it can make a law", replied Sibal.

The All India Muslim Personal Law Board (AIMPLB) appears to be tripping all over itself in responding to the growing momentum in favour of outlawing triple talaq. Faced with near-certain defeat in the Supreme Court, the AIMPLB has fallen back on the lamest of excuses, claiming that doing away with triple talaq will be viewed as an attempt to infringe on its personal law and could prompt a backlash within the Muslim community.

On the question of whether the Centre would bring in legislation or not, Rohatgi said that even when there was no legislation, courts had all the authority to intervene. It also clarified that triple talaq is practiced by a "miniscule portion" of the Muslim community and accounted for only 0.44 percent of divorce cases. The contradiction wasn't lost to the SC which asked how God can ordain a "sinful practice".

However, the Central government has termed triple talaq and all its forms as unconstitutional and has demanded that it must be struck down.

Even this minor "concession" stemmed from the court's suggestion that the board direct the qazis tasked with solemnising marriages to stop prevent men from divorcing their wives on a whim by merely uttering talaq three times in one go.

The Supreme Court on Thursday asked Muslim bodies how a practice like triple talaq can be a matter of "faith" when they have been asserting that it is "patriarchal", "bad in theology" and "sinful".

Lawyer Flavia Agnes, co-founder of the legal centre Majlis that works on women's rights, said while the focus was on the practice of triple talaq, the key issue was how women can be helped to ensure they know their economic and legal rights.