Triple talaq not fundamental to Islam, argues Shayara Bano as Supreme Court begins hearing

Source – intoday.in

The day-to-day hearing of a batch of petitions challenging the legal validity of instant triple talaq began in the Supreme Court with main petitioner Shayara Bano questioning India persisting with the controversial practice when almost all Muslim countries have banned it.

“If practices like triple talaq were fundamental to Islam, then many Islamic countries would not have banned it. If Muslim countries like Pakistan, Bangladesh and even Afghanistan can do away with it, then why not our country?” senior advocate A S Chadha, who appeared for Bano assisted by advocate Balaji Srinivasan, argued before a bench comprising of Chief Justice J S Khehar and Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer.

After the submission was made, the SC bench said it would like to take a look at the laws passed by those countries to ban triple talaq mode of divorce.

MOST MUSLIM NATIONS HAVE RESTRICTED TRIPLE TALAQ

“20 out of 22 Islamic nations, including Saudi Arabia, Pakistan, and Iraq, have banned or restricted such practice, while it continues to vex the Indian society in general and Indian Muslim women in particular. The practice also wreaks havoc to the lives of many divorced women and their children, especially those belonging to the weaker economic sections of the society,” Chadha argued.

Thirty-five-year-old Shayara Bano from Uttarakhand, a post graduate, is spearheading the battle against triple talaq. The mother of two endured a bad marriage, an abusive husband, and physical and mental agony for over 10 years. Before giving her triple talaq, she was made to undergo as many as six abortions by her husband who forcibly administered her pills which ruined her health.

The Centre, too has in its affidavit questioned India continuing with the practice banned by Islamic countries. “The fact that Muslim countries where Islam is the state religion have undergone extensive reform goes to establish that the practices in question cannot be regarded as integral to the practice of Islam or essential religious practices,” it said.

SC TO DETERMINE IF PRACTICE IS FUNDAMENTAL TO ISLAM

The bench meanwhile said it would first determine whether the practice is fundamental to Islam. The court said the issue of polygamy among the Muslims may not be deliberated upon as it is not connected with the triple talaq issue.

The apex court also said if it came to the conclusion that triple talaq is fundamental to religion, then it will not go into the question of its constitutional validity.

Another senior advocate Indira Jaising, appearing for one of the petitioners, said in case of divorces being granted through extra-judicial mechanism, there should be a judicial oversight to deal with the consequences.

Former Union minister and senior advocate Salman Khurshid, who is assisting the court in his personal capacity, termed triple talaq as a non-issue saying it is not considered complete without conciliation efforts between the husband and the wife. He said there was no adjudication to determine the validity of the grounds of talaq.