Hailing Supreme Court’s decision of examining whether the practice of triple talaq is ‘is fundamental to religion’ and whether ‘it falls in the category of enforceable fundamental rights, Manipur Governor, Najma Heptullah on Saturday dubbed it a right move. Heptullah told ANI, “I am pretty delighted that the Supreme Court has ultimately taken this decision and has made a right move. Marriages amongst Muslims is a contract which entails the names of the bride and the groom along with their parents. There is a statement as well which says the person has been accepted ‘qabool’ as their lawfully wedded partner in the presence of three witnesses. Nowhere is it penned that the groom can unilaterally dissolve a marriage.”
“I assume there should be a provision where both men and women should have the liberty to seek divorce on rational premises. In our country, Parliament makes laws, but who decides their implementation? NGO’s can engender the pressure on the system to comply with the laws but, cannot grant the punishment if laws are abrogated,” Haptullah added.
Lawyers from the Muslim community, who are aware of the Indian constitution and Islamic laws also criticizes the Tripple Talaq system. 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.
The apex court has stated that it would first examine whether the Islamic divorce practice “is fundamental to religion” and whether “it falls in the category of enforceable fundamental rights.” The apex court further observed that it would not hear polygamy issue along with the Triple Talaq case.The top court, earlier on Thursday, began hearing several pleas filed by Muslim women rejecting the practice of Triple Talaq.