Triple talaq not sanctified by sharia, Centre to tell SC

Even Islamic Nations Regulate Marital Laws'

The Modi government has decided to tell the Supreme Court that the claim of triple talaq being in conformity with the sharia is misplaced because around 20 Islamic countries, including Pakistan and Saudi Arabia, regulate matrimonial laws.

Steering clear of any mention of a uniform civil code (UCC), the Centre is set to argue that the plea advanced by the All-India Muslim Personal Law Board -that divorce by triple talaq is sanctified by the sharia -is incorrect, and that the practice is a violation of the fundamental rights guaranteed by the Constitution in a secular state like India.

The Centre will articulate its position in an ongoing case challenging the practice.

“If regulating matrimonial laws is acknowledged in Islamic countries and not considered contrary to the sharia, how can this be treated as such in a secular country like India where fundamental rights are protected under the Constitution?“ a top government source said.

By side-stepping any reference to the UCC, the government hopes to counter any allegation that it is seeking to “impose“ personal laws on the minorities. The government has referred the UCC issue to the Law Commission of India, which will hold wide consultations, including discussions with various personal law boards and other stakeholders.

The Centre's approach -opposing triple talaq as a violation of the fundamental rights of Muslim women -is a strong rebuttal of the AIMPLB which has questioned the court's authority to adjudicate a religious matter derived from the Quran and sharia law.

A group of ministers -comprising home minister Rajnath Singh, finance minister Arun Jaitley, defence minister Manohar Parikkar, law minister Ravi Shankar Prasad and women and child development minister Maneka Gandhi -has taken the view that the triple talaq issue should not be seen as the government's stand on a uniform civil code. The issue of triple talaq is to do with gender justice; it should be non-discriminatory to women and protect the dignity of individuals, the government source said.

The right to practise one's faith is protected under the fundamental rights enshrined in the Constitution, he added, and is not impacted by setting aside triple talaq.

The government sees practices like triple talaq as discriminatory and believes it should be regulated under the law, according to the source.

The SC had on September 5 asked the Centre to file a response within four weeks on a bunch of petitions challenging the Muslim practices of polygamy and tripletalaq. The petitioners had demanded scrapping of Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, as they said it was unconstitutional and violated the fundamental rights guaranteed under Article 14 of the Constitution.

“About 20 Islamic countries have regulated marital laws, including Pakistan and Saudi Arabia, and Muslim majority Bangladesh. If regulating these laws are not against Sharia in these countries, it should not be seen as one in India,“ the source said.

Once the Law Commission report on a uniform civil code is available, the government may call an all-party meeting to arrive at a consensus on the subject, a law ministry source said.

(TOI)