The Supreme Court has given its decision on the issue of triple divorce. Supreme Court declares Triple Talak as unconstitutional. At the same time, court also said that within six months, the government has to make laws. The bench of five judges on this case heard all the parties and finally gave decision. Two judges were in favor of Triple Talak and three against it. According to the majority, decision of the three judges was decided by the Bench. The bench included Justice JS Kehar, Justice Kurien Joseph, RF Nariman, UU Lalit and S Abdul Nazir. This verdict is mostly appreciated. The Congress party has also welcomed this decision of the Supreme Court.
Many Congress leaders are appreciating this decision by describing this decision as historic. In such a way, Congress leader and senior lawyer Kapil Sibal on Tuesday appreciated the decision of the Supreme Court on Triple Talak divorce system, saying that it protects private laws while opposing the divorce in a moment.
Congress leader and senior lawyer Kapil Sibal, who argued in the court in favor of triple divorce, said, “We respect the decision. It protects the personal law and condemns the practice of triple divorce. ”
After the verdict, Kapil Sibal has appreciated this decision, but let him know that some time ago he was in favor of Triple talak divorce system. Kapil Sibal had compared this issue to Ram Mandir while keeping his side in the Supreme Court on this issue.
Comparing the issue of Triple Divorce, with the mythological belief of Lord Rama being born in Ayodhya, the All India Muslim Personal Law Board told the Supreme on Tuesday (May 16th) that it is a matter of faith and not investigating it on the basis of constitutional ethics Can be done. Former Union Law Minister and Senior Advocate Kapil Sibbal, appearing on behalf of AIMPLB, said, “If my faith is in the fact that Lord Rama was born in Ayodhya, then it is a matter of faith and there is no question of constitutional ethics and The law court can not interfere in it. “He compared this belief to the issue of triple divorce.
Sibal told the constitution bench of five judges, headed by Chief Justice JS Kher, “The practice of triple divorces is from 637 AD. Who are we to call it non-Islamic? Muslims have been following it for 1,400 years. This is a matter of faith. Therefore, there is no question of constitutional ethics and equality. “Sibal was presenting counter-arguments against the triple talak opposed for the last two days. The government has also said that if the practice of divorce of all types including triple divorces is eliminated then a new law will be brought in to the Muslim community to regulate marriage and divorce.
AIMPLB’s advocate said that centuries old practice is a part of my faith and you can not decide what my belief should be. This is the question and this is the subject. “He said, will the court decide what the belief of more than 16 million people? The bench is headed by Justice Kurian Joseph, Justice RF Nariman, Justice UU Lalit and Justice Abdul Nazir. Sibal had said in the hearing before the bench that the issue of triple divorces is the subject of personal law, which is protected under the constitution. Referring to the interpretation of the companions and scholars of the Prophet Muhammad on the Holy Quran, hadith and divorce, the issue of triple talak is related to faith and beyond judicial investigation.
The Muslim organization said that despite the law on dowry prohibition and guardianship, traditions of such a Hindu wedding are being maintained where dowry is prohibited but gifts are allowed. He said, “When it comes to Hindu law, then you preserve all traditions, but when it comes to the Muslim community, then you start questioning the traditions.” Peeth asked Sibal that the to which level Muslim Personal Law is part of religion.
Sibal said, “Some part of the personal law can be part of religion but there can be no part of it. Shia and Sunnis have different ideologies. The main thing is the essence of the Koran, which is the main thing. “Sibal told the plea of Attorney General Mukul Rohatgi that if the triple talak were abolished, then the central government will bring legislation to regulate marriage and divorce in Muslims. . ‘
Significantly, the trial of this case started on May 11. The judge reserved his verdict on May 18 in this case. Earlier, during the hearing, the court had made it clear that it was an issue to consider that triple divorce in the Muslims is the practice of fundamental right to be deliberately and not practice of polygamy.