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Is Hindu law not discriminatory?

Is Hindu law not discriminatory?

"If I have faith that Lord Ram was born in Ayodhya, then it is a matter of faith and there is no question of constitutional morality".

When the bench asked how a Muslim man would seek divorce if the triple talaq was outlawed, Rohatgi said: "The Centre will bring out a law. It is better that the bench deals with all three", the AG said.

"The scope of reference had all the three issues, that is divorce, nikah halala, polygamy".

Muslim women in India have demanded a ban to triple talaq with several women petitioning the nation's top court, the Supreme Court, to overturn the practice.

"It will be hazardous for the Court to interpret it in six days of hearing", Sibal said.

Rohatgi's submission came when the court asked him about the remedies for a Muslim man to end a marriage if such practices were struck down.

Supporting the position of closure the act of triple talaq, the Allahabad High Court had before declared that the privileges of any individual, including Muslim ladies, can't be damaged for the sake of "individual law".

Till then, it seemed to have gone perfectly for the Congress leader and senior lawyer appearing for the All India Muslim Personal Law Board in the top court.

He had said triple talaq was a discrimination on the ground of sex and this practice was abhorrent to the tenets of holy Quran and no amount of advocacy can save this "sinful" practice which is contrary to constitutional tenets.

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Referring to the prevalent practice in Islamic nations, he had said even if one says talaq thrice in a go, it was considered as one, thus negating irrevocability of divorce.

"The Central Government makes rules but in my opinion the apex court should not interfere into it", Sibal said. "Is it a question to be decided on constitutional morality...but when it comes to triple talaq, the question of constitutional morality is raised". Triple talaq is contrary to equality, gender equality and human rights. Immediately after a few years of the death of Prophet Muhammad, the companions of Prophet Muhammad talked about triple talaq.

A five-judge constitution bench, headed by Chief Justice Jagdish Singh Khehar, started hearing arguments on the constitutional validity of the practice of "instant triple talaq" or talaq-e-bidat on Friday.

However, the All India Muslim Personal Law Board has opposed any judicial interference in what it calls a religious matter, protected under Article 25, which grants freedom of religion.

To this, the bench insisted that the government has to first prove that this practice of triple talaq was not essential to Islam and only then can it delve further into other aspects.

If tfaith of Hindus about Ram's birth can not be questioned then triple talaq is a matter of faith for Muslims.

To this, the bench had said, "we can not do that".

"No, never", Sibal added when the bench asked whether a private member's bill had ever been moved on the subject.

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