personal law - Electronic Gurudev

May122017 by Team - The Digital IndianNo Comments

Triple talaq is ‘worst form’ of marriage dissolution: Supreme Court

National

Triple talaq is the “worst” and “not a desirable” form of dissolution of marriage among the Muslims, even though there were schools of thought which called it “legal”, the Supreme Court observed today. The second day of the day-long hearing on the matter also saw two veterans, jurist Ram Jethmalani and former Union Minister and Islamic scholar Arif Mohammad Khan, coming out all guns blazing against the practice of triple talaq. A five-judge constitution bench headed by Chief Justice J S Khehar said there are “school of thoughts (which) say that triple talaq is legal, but it is the worst and not a desirable form for dissolution of marriages among Muslims.” The remark was made by the bench when senior lawyer Salman Khurshid referred to the various schools of thought and the stand of All...

Fundamental rights cannot be violated under the name of “personal law”: Allahabad High Court

Uttar Pradesh

The Allahabad High Court has come down strongly on the issue of triple talaq, saying the rights of a person cannot be violated under the name of "personal law". The court expressed this opinion while hearing a case involving a divorce granted through the contentious practice of triple talaq. https://twitter.com/ANINewsUP/status/861833861994496000 https://twitter.com/ANINewsUP/status/861835821749477376 Muslim men cannot separate from their wives following this practice, the court said, calling triple talaq against the constitutional right of equality. The court also said that personal law may be applicable only within the purview of the Constitution, and that a fatwa, which is contrary to the justice system, is not valid. "No fatwa can be contrary to someone's rights," the court sai...

Triple Talaq violates Fundamental Right: which is why Supreme Court should rule against it

Opinion

On 8 December, the Allahabad High Court used strong words against the practice of triple talaq, describing it as “unconstitutional” and a violation of the rights of Muslim women, but such strong words do not mean anything practically and certainly do not settle the issue in law. More on that later, but first the court's observation should be welcomed because it is significant insofar as it strengthens women's rights movement in the country; sends a strong warning to Islamic clerics that time for them to change is now; denotes a pro-liberty shift in the higher judiciary's thinking, and offers a bright ray of hope to Muslim women who are rendered destitute overnight by triple talaq. The court observed: “The instant divorce (triple talaq) though has been deprecated and not followed by all se...