The government is set to oppose the controversial triple talaq divorce route for Muslims during a hearing in the Supreme Court next week, ditching a neutral stand on the politically sensitive tradition that the government says has no place in a secular country like India. Triple talaq has no place in secular India: Centre to tell SC next week | india-news | Hindustan Times<img
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According to Muslim personal law based on the Sharia, a Muslim man can divorce his wife by pronouncing talaq thrice, a practice seen as discriminatory against women.
Sources in the Union law ministry said that the government will base its stand on the example of around 20 Islamic nations that regulate matrimonial law.
“If regulating matrimonial law in an acknowledged Islamic country is not a contravention of Sharia (Muslim personal) law, how can it be in a secular country like India where the Constitution is supreme?” a top government, functionary who is part of the government’s deliberations on the issue, reasoned.
India allows different communities to practise certain personal laws – in areas such as marriage and property – but has uniform criminal laws.
Read: Triple talaq must pass the constitutional test in Supreme Court
A group of ministers including Union home minister Rajnath Singh, finance minister Arun Jaitley, law minister Ravi Shankar Prasad, defence minister Manohar Parrikar and women and child development minister Maneka Gandhi decided that the issue be looked at “as a gender justice issue.”
A campaign against triple talaq has been decried by Muslim clerics, with the All India Muslim Personal Law Board telling the SC on September 2 that personal laws cannot be re-written in the name of reforms.
In case of a discord, divorce was a better option available to a Muslim man than resorting to “criminal ways of getting rid of her (wife) by murdering her”, AIMPLB said, sparking controversy and inviting sharp criticism from women’s rights groups.
The law ministry which is drafting the government’s response will tell the top court that triple talaq is concerned with “non-discrimination with a woman and the dignity of an individual which permeates the entire scheme of fundamental rights under the constitution”.
According to the government’s new perspective on the matter, the fundamental right to religion cannot be confused with allowing a practice that is “unfair, unreasonable and discriminatory.”
Read: Muslim women rise against triple talaq
Tags Triple talaq
Supreme Court
Muslim personal law
Sharia
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Categories: The Muslim Times
“Triple talaq has no place in secular India: Centre to tell SC next week” – a civilised strike against religion, (an uncivilised, enforced way of life rooted in the past, exploited by the jews through the Qur’an and the Bible), targeting Hindustan (Hinduism), through the Bible (Christianity), EoI setup, progressing from, King Edward (the Confessor), King Henry VIII (FD), to Queen Victoria EoI. (History: Christianity is a result of the crucifixion, Ceasar was eventually Christianised, The RCC was formed, Mohammed came to light approx 600 years after the crucifixion, from whom the Qur’an, as we know it, came). The Qur’an and Bible are being used in a leapfrogging formation because of their ignorance of the contents of each others’ books, examination of both will lead back to Judaism.