New Delhi, May 17: The constitutional validity of the practice of triple talaq is being argued in the Supreme Court of India. While the Narendra Modi government is arguing against the practice, the All India Muslim Personal Law Board (AIMPLB) says the court must not interfere. Attorney General Mukul Rohatgi on Wednesday argued, “If triple talaq is not present in 25 countries then it can’t be said essential to Islam; rights given by Article 25 of Constitution not absolute.”
While India awaits the Supreme Court’s final word on triple talaq, here are the countries that have done away with the instant divorce practice:
- Sri Lanka
Countering the AIMPLB’s claim that striking down triple talaq would be an intervention in the religious matters of the Muslim community, the Attorney General said on Wednesday, “The right (to religion) provided under Article 25 is not absolute.”
On Tuesday, Kapil Sibal, representing the AIMPLB in the case, told the apex court that if Ayodhya was a matter of faith, so was triple talaq. “That Ram was born in Ayodhya is a matter of faith, not Constitutional morality; same in this case. It is not a question of equity and good conscience, it is a question of faith. You cannot bring Constitutional morality,” he argued. Sibal questioned as to how can the practice be termed un-Islamic. “It is a 1400-year-old practice..who are we to say it is unislamic,” Sibal asked.
The Central government had told the court that it will bring a law to regulate marriage and divorce among Muslims if triple talaq is held invalid and unconstitutional by the court. Thursday is the last day of hearing on a slew of petitions challenging triple talaq, polygamy and nikah halala which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsee, Hindu and Muslim.