From suo motu to judgment: The arguments for and against triple talaq

Peculiarities of personal laws should be protected: Jamiat

Getting rid of the ‘peculiarities’ of the Islamic personal law will be akin to enforcing the Uniform Civil Code by judicial process, Jamiat Ulema-i-Hind, a prominent Islamic organisation, told the Supreme Court.

The peculiarities of personal laws should be protected to secure freedom of religion and practices of marriage and divorce like polygamy, triple talaq and ‘nikah halala’ warrant no interference from courts,

Counter-affidavit

In a counter-affidavit filed in the Supreme Court recently, Jamiat has said the personal law of Islam is neither local nor regional. It has an aura of certainty as it is “primarily based on the Holy Koran and the Sunnah of Prophet Muhammad, explained and applied by various scholars of great antiquity and authority after thorough research.”

The Jamiat was responding to a batch of petitions seeking to abolish personal law practices like triple talaq as discriminatory to Muslim women and unconstitutional.

The Supreme Court had itself triggered the flurry of litigation after taking suo motu cognisance of whether Islamic practices of marriage and divorce were a source of suffering and discrimination to women.

“In personal laws, new concepts of modern times should not be evolved by the courts,” the Jamiat said.

‘Greater dignity’

Referring to the Muslim Personal Law (Shariat) Application Act, 1937, the affidavit said it had highlighted that Muslim women should be allowed to be governed by Muslim Personal Law instead of local customs and practices because the Muslim Personal Law treats “women with greater dignity.”

The Muslim body said women who had approached the apex court should move regular civil courts, seeking adjudication of validity of divorce granted to them in the light of the law already settled by the Supreme Court.

“Muslim women enjoy greater freedom as there is no compulsion on the wife to remarry the same man or to contract any further marriage at all,” the affidavit said.

This article is closed for comments.
Please Email the Editor

Printable version | Jan 25, 2021 4:34:33 AM | https://www.thehindu.com/news/national/Peculiarities-of-personal-laws-should-be-protected-Jamiat/article16756168.ece

In This Package
To clear the path ahead
Supreme Court sets aside instant 'talaq’
United against triple talaq, divided on legal points
Historic day for Muslim women: Shayara Bano on triple talaq verdict
Triple talaq lost staunchest support
Triple talaq: Will SC verdict end personal laws’ immunity?
The twists and turns taken during the marathon hearing on triple talaq in SC
Those who resort to instant triple talaq will be ostracised: AIMPLB
AIMPLB against triple talaq, says counsel
Triple talaq is Muslim woman vs man issue, not that of majority vs minority: Centre
Can women be given option of saying ‘no’ to triple talaq at the time of ‘nikahnama’, SC asks AIMPLB
Triple talaq a matter of faith for last 1,400 years, AIMPLB tells SC
Islamic law anglicised: Centre
Will enact divorce law for Muslims: Centre
Triple talaq hearing: ‘If God finds something sinful, can laws validate it’
Polygamy is not a religious practice, government tells Supreme Court
Ban on triple talaq will cause a vacuum: Supreme Court
Judges choose work over vacation
Constitution Bench to decide petitions on triple talaq: SC
Bench would hear debates on the ‘legal’ aspects of triple talaq.
SC is looking at triple talaq, not Uniform Civil Code: CJI
SC to examine if triple talaq is fundamental to religion
You are reading Peculiarities of personal laws should be protected: Jamiat
SC intervention in triple talaq amounts to judicial legislation: AIMPLB
Centre’s stand on triple talaq based on gender justice: Ravi Shankar Prasad
Cast asunder by triple talaq, Muslim women see hope in Supreme Court
Triple talaq is sin but Shariat permits it, says AIMPLB
Practices in each religion are unique, according to the All India Muslim
Personal Law Board.
SC can’t decide on triple talaq, says AIMPLB
Supreme Court admits Muslim woman's plea to declare triple talaq illegal
A file photo of senior advocate Salman Khurshid.
SC seeks Khurshid’s assistance in talaq case
Next Story