Triple Talaq hearing continues in Supreme Court today

Triple talaq Will only deal with legal aspect not factual ones says SC

A bench led by Chief Justice JS Khehar on Tuesday unveiled the contours of a debate, expected during the court's summer recess beginning May, on the legal validity of the practices of polygamy and instant triple talaq prevalent in the Muslim community.

Women's rights activists who have moved the Supreme Court on the issue of triple talaq say linking the demand to ban the practice with Uniform Civil Code (UCC) is "harmful" for Muslim women.

"The UCC confuses the debate (about gender equality among Muslims) and the Muslim ulemas begin to perpetuate the bogey of fear in the community", added BMMA's Zakia Soman. "We are listing it day after tomorrow for deciding the issues", the Bench said. In December a year ago, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice as unconstitutional.

The matter also involves a suo motu case initiated by the Supreme Court in this regard.

This will be the court's second attempt at reforming the Muslim personal law, after an earlier attempt in the Shah Bano case was brought to naught in 1986 by the then Rajiv Gandhi government by enacting a law.

The petitioner has also challenged the concept of "nikah-halal", under which a woman must consummate another marriage in order to go back to her first husband if she wants to. The NDA government says triple talaq violates the fundamental rights guaranteed by the Constitution and insists that it does not form a part of the "essential religious practices" in Islam.

Asserting that triple talaq is an easy route to end a bitter marriage, Faruqui said that Islam is a religion, which has bestowed the women with many rights.

Supreme Court will soon examine the legal aspects of Triple Talaq - a practice by Muslim men to get divorce by pronouncing Talaq three times.

However, the All India Muslim Personal Law Board has defended the practice, saying it is better to divorce a woman than kill her.

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