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Triple Talaq victim threatens to 'convert' to Hinduism

Triple Talaq victim threatens to 'convert' to Hinduism

The five-judge Constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer wound up hearing in the case after six days on a batch of petitions that challenged the constitutional validity of triple talaq.

Naheed said she had said "almost the same thing" in the nikahnama draft that she presented to the Board in 1994 along with other provisions, but these did not find place in the model nikahnama the Board eventually released in 2005 at its session in Bhopal.

On Wednesday, the CJI had asked Mr Sibal whether his client, the AIMPLB, could issue a directive to clerics to record at the time of the nikahnama whether the woman accepts triple talaq or not, and Mr Sibal returned with a positive response a day later. The bench was told that the AIMPLB would file an affidavit before the court stating its decision. It also comes after the apex court reserved its judgment on the issue. Khan, Balaji Srinivasan and V.K. Biju, for their assistance to finish the hearing expeditiously.

Also arguing for the Jamiat Ulema-e-Hind, senior advocate Raju Ramachandran said the judiciary can not take on the mantle and wisdom of religious schools and dictate to a religious community what personal law practices and norms to follow. We also don't want to have this practice. Court should not venture into the area and interpret something which is not in its domain. If it is bad in theology, it can not be accepted in law-.What is morally wrong can not be legally right.

Prime Minister Narendra Modi disagrees and a year ago waded into a controversy by saying he believed it was destroying women's lives, with Muslims making up about 13 per cent of the country's 1.2 billion people.

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While AIMPLB was adamant that Muslim personal law practices could not be tested for its validity by courts, the petitioners were adamant that triple talaq was a blot on the Muslim community for denying right to equality to women. "Lots of sinful practices are still protected as customs", Sibal said. Another advocate, Ashwini Upadhyay, attempted to ridicule AIMPLB's stand saying tomorrow there would be a Hindu Personal Law Board to take a rigid stand on Hindu practices. "If it is bad in theology it can not be acceptable?"

The All India Muslim Personal Law Board today told the Supreme Court it favoured the marriage agreement or nikahnama giving a bride the option not to agree to the wedding unless the document contained a clause prohibiting an instant triple talaq.

The instant divorce is banned in most Muslim countries but is allowed under India's constitution that lets most religions, including Muslims - the biggest religious minority - regulate matters like marriage and divorce through civil codes.

In his rejoinder arguments while saying that "what was sinful in theology, can't be good in law", senior counsel Salman Khurshid said that he differed with the AIMPLB saying that Islam suffered from patriarchy.

At this, Rohatgi said: "I will do what I have to do". Anything that is admittedly bad in theology (a religious belief) and sinful in religion can never be masquerading as faith. How can a sinful practice be said to be a matter of faith?


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