New Delhi: Hinting towards the difference in his and All India Muslim Personal Law Board’s (AIMPLB) opinion, amicus curiae in the triple talaq matter Salman Khurshid suggested that the court should harmonise different views so that becomes one acceptable view available for the courts in the country.
“I have suggested that this harmonising effort has to be undertaken. The personal law board has said that the harmonising effect cannot be done by court and should not be done by court. They have suggested legislation. I have said that if something is a part of personal law, then neither legislation nor courts can interfere,” Khurshid said.
Deviating from the Muslim Personal Law Board’s opinion, Khurshid said one cannot contract out of faith, just like one cannot legislate out of faith.
“There is a little difference in my and personal law board’s opinion,” he said.
Khurshid further said that the focus remained on what is the fundamental area that Shariat occupies and whether triple talaq is an integral part of Shariat or of personal law.
“There are two views there and there have been several competing views as far as first goals of jurisprudence are concerned. The court will now have to decide whether it should harmonise different views, as I suggested, so that there is one acceptable view available for courts in our country,” he said.
Earlier today, the apex court reserved its order in the case pertaining with validity of the Islamic divorce practice – triple talaq.
The five judge bench of the top court, headed by Chief Justice of India (CJI), Jagdish Singh Khehar and four other judges Justices Rohinton Fali Nariman, Kurian Joseph, Uday Umesh Lalit and S. Abdul Nazeer, reserved the order after hearing in great detail from all the parties – from various petitioners and respondents and the Central government for six consecutive days during the summer vacation session.
The All India Muslim Personal Law Board (AIMPLB) yesterday told the apex court that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in ‘nikahnama’.
The board further said that a Muslim woman had every right to pronounce triple talaq in all forms, and also ask for very high ‘mehr’ amount in case of talaq.
The board’s reply came after CJI J.S. Khehar asked AIMPLB counsel Kapil Sibal if it was possible to give bride the right to not accept instant triple talaq.
The board also showed the court a resolution passed on April 14, 2017 which stated triple talaq as a sin and that the community should boycott the person doing such an act.The apex court also wanted to know from the AIMPLB if it was possible for the board whether their (SC) advisory will be followed by the Qazis at the ground level.
