Thursday, 11 May 2017

Supreme Court Raises the Constitutionality of Triple Talaq

New Delhi: The Supreme Court's Constitutional Bench has started hearing on the three divorced customs prevailing among Muslims. After six days of continuous hearing, the court will examine whether this custom is the original part of Islam or not? The bench of five judges made it clear on Thursday that the court would not interfere if the three divorces took place at the origin of Islam. The court will also look at the laws of Islamic countries, where there is a ban on three divorces. The Judge of five religions asked during the hearing, "If three divorces declare illegal, then where will the Muslim men go for divorce?" Understand at 10 points what happened in the court room in the hearing on the first day ...

1) The Supreme Court had to look at polygamy on another issue with three divorces and marriage, but the Bench has said that it may be that he does not consider the issues related to marrying more than one person in Muslim because he Three is not a matter related to divorce.
2) Amit Singh Chadha, lawyer of Shayra Bano who filed the first petition related to three divorces in the Supreme Court: (Introducing the arguments) said the three divorce customs are not related to the foundations of Islam. So, this custom can be eliminated. It does not happen in Pakistan-Bangladesh too. Three divorces are non-Islamic
3) Pinki Anand, Additional Solicitor General: From the Center, the Government supports the petitioners' opinion that three divorces are unconstitutional. Many countries of the world have ended it and it should be eliminated in India too.

4) Benches: We would like to look at the law present in different Islamic countries on this issue.
5) Indira Jaisingh, a petitioner's advocate: If the judiciary is being given any other mechanism, then to deal with the consequences, the judiciary must have an eye on that divisor.
6) Salman Khurshid, as a lawyer, is helping the court: three divorce is not an issue. Because it is not considered complete without reconciliation efforts.
7) Bench: After the attempts of reconciliation, three divorce is justified once?
8) Salman Khursheed: No.
9) Kapil Sibal, lawyer of the All India Muslim Personal Law Board: Any sensible Muslim does not get divorced-divorced-divorced directly on any day. This is not an issue.

10) Benches: If we reach the conclusion that three divorces have a right to religion, then we will not question its constitutional validity. There will be a hearing in case of three divorce talks at one go, but divorces spoken on intervals of three months will not be considered.
How many judges in the bench?
- The bench comprises Chief Justice JS Kher, Justice Kurian Joseph, Justice RF Nariman, Justice UU Lalit and Justice Abdul Nazir.
- The specialty of this bench is that it includes judges who believe in Hindu, Muslim, Sikh, Christian and Parsi religion.
- Early hearing of the Supreme Court's summer vacation has begun in order to settle this issue quickly.
Answers to these 3 questions will find the bench
- Are the three divorces and halas an integral part of Islam or not?
- Is there a fundamental right to enforce the three divorced Muslims?
Is this a fundamental right of women? Can order on this?
6 days will be heard like this
- 2 days will hold three anti-divorce parties
- There will be arguments for supporters of 2 days
- Then answer each other for 1-1 days
How many pitches have been filed?
- 7 Patients have been filed by Muslim women. There are also 5 writ petitions filed separately. It has been claimed that three divorces are unconstitutional.
Muslim women expect this way
- Daughters of Ghaziabad, Shabbir's daughter, tortured the in-laws for dowry. After this, the husband broke his relationship with a divorce three times. Shabbir felt that local MLA Atul Garg could help him. When Shabbir approached him, Garg advised him to register an FIR against son-in-law.
According to news agency, Garg told Shabbir that his daughter and his two-year-old son will also get security. Garg is also a minister. According to him - there was no way other than going to court because the Muslim Personal Law believes Triple Divorce is justified. That's why the government can not do anything until the law changes.
However, besides Shabbir and his daughter, there are thousands of Muslim women in the country, whose life has been destroyed three times due to divorce called. Now his expectations are based on the hearing starting in the Supreme Court from Thursday.
In Q & A, know about the issues that are being heard on the issues and how many of them are involved ...

Q. What are triple divorce, polygamy and marriage?
A. Triple divorce is that husband can leave his wife by saying 'divorce' words three times. A process to be adopted to return to the first husband, namely Nodoh Halala. Under this, the woman has to marry someone before returning to her first husband and she has to divorce. At the time of separation is called iddta. Polygamy means more than one wife.
Q. What happened in the Supreme Court so far?
A. All parties, including the Central Government, the petitioner's women and the Muslim Personal Law Board, have filed written arguments in the court. Based on these, the Supreme Court itself will decide the question. They will be considered during the hearing.
Q. Who are the parties in this?
A. Center: This issue points to the Muslim women's issue related to human rights. Triple strongly opposes divorce.
- Personal Law Bard: Describing it as Shari'a, the court says that the courts should stay away from religious matters.

- Jamiat-e-Islami Hind: These are also religious matters.
                                                      ----Sonal

0 comments:

Post a Comment