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

Islamic law anglicised: Centre

Senior Congress leader Kapil Sibal. File   | Photo Credit: Sushil Kumar Verma

What is practised in India is an “anglicised form” of Islamic law which does not have the sanctity of the “pure, original” Islamic law, Additional Solicitor-General Tushar Mehta, appearing for the government, submitted before the Supreme Court on Monday.

Making a short submission supplementing Attorney-General Mukul Rohatgi’s arguments against triple talaq before a five-judge Constitution Bench, Mr. Mehta said the original Islamic law had undergone many changes during its time in the sub-continent. Foremost, it had been anglicised.

Apology from AIMPLB

“This form of Islamic law will not have the sanctity of pure Islam,” Mr. Mehta submitted.

Further, he urged the court to direct the All India Muslim Personal Law Board to delete and apologise for certain comments it had made in a counter-affidavit filed in the Supreme Court.

In it the AIMPLB had justified polygamy and instantaneous triple talaq, saying that men are better than women in controlling their emotions and do not arrive at hasty decisions.

“I don’t know why feminists did not protest against these comments,” Mr. Mehta wondered aloud in court.

Cause of inequality

Beginning his arguments for AIMPLB, senior advocate Kapil Sibal said the root cause for the inequality suffered by Muslim women is not triple talaq but the patriarchy found dominant in society.

“But all societies, be it Hindu or Christian, are patriarchal. In a Hindu family, a father can gift his property outside his family. In Muslim law, this cannot be done,” Mr. Sibal said.

He opened his submissions saying, “Nothing is permanent, when the time comes the nation will decide.”

“Personal laws continue to remain personal in the Constitution. A time will come when the different societies decide that they need to encapsulate their laws into a Uniform Civil Code,” he said

“At least till such time, we should preserve the individual customs and usages of pluralistic societies. They have to be equally protected,” Mr. Sibal submitted.

Hindu Marriage Act

He said the Hindu Marriage Act still protects religious customs and usages.

“There is even existence of polyandry. The situation is highly complex and cannot be easily resolved. Over a 160 million people are waiting for Your Lordships to decide,” Mr. Sibal submitted.

He will continue to argue on Tuesday.

This article is closed for comments.
Please Email the Editor

Printable version | Jan 16, 2021 11:27:56 AM | https://www.thehindu.com/news/national/islamic-law-anglicised-centre/article18459157.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
You are reading
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
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