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Hindu beliefs not questioned, Muslim faith is: Indian Muslim law board

Hindu beliefs not questioned, Muslim faith is: Indian Muslim law board

Mushawarat said the board was concealing the fact that sects like Ahle Hadees and Jafri (Shia) don't allow triple talaq and instead insist on reconciliation and mediation.

The SC bench also asked the board why there can't be a modern Nikah Nama and suggested that it ask Qazis to have a model Nikah Nama.

Muchala added that the AIMPLB accepts the suggestions of the apex court with all humility and that it will look into it. "Triple talaq is going on since 1,400 years, how can you say it is unconstitutional?" Who are we to say that this is un-Islamic. We don't want court or somebody else to tells us it is bad.

The bench asked whether it was possible for the AIMPLB to do that and whether their advisory would be followed by the Qazis at the ground. "Matters of faith and belief of a community are always protected by the Constitution and not questioned on the ground of constitutional morality".

Sibal admitted that the Quran did not mention the word talaq but said the practice was mentioned in the Hadith, a compilation made by the followers and companions of Prophet Mohammed on the basis of his revelations."Once you (courts) start interfering, there will be no end to it".

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So on May 11th, an all-male but religiously very diverse bench of the Supreme Court sat down to hear the contentious triple talaq case. He argued that it, therefore, can not be tested by the apex court on the yardstick of violation of the fundamental rights guaranteed under the Constitution.

In Tuesday's hearing, AIMPLB counsel Kapil Sibal asserted that the practice of triple talaq can not be termed as "unconstitutional", adding that the top court should not decide or interfere in one's faith and belief.

This is not the way to deal with it. Customs and practices can not be tested on the constitutional touchstone by courts. "It violates the rights of Muslim women", ruled the high court, adding that no personal law board was above the Constitution. Like when it comes to Dowry prohibition Act or Guardianship Act you follow customs and protect them,"he said".

The five-member bench of the Supreme Court of India on 11 May 2017 began hearing the pleas and final arguments over the constitutionality of the Islamic practice of Triple Talaq.

The All India Muslim Majlis-e-Mushawarat, which represents these organisations, had taken this stand, months before the union government had called AIMPLB's affidavit "misogynist" which said that men were superior to women and therefore had the right to irrevocably divorce through the practice of 'Triple talaq'. "We are working on it and we are advising people not to resort to the practice".


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