AIMIM chief Asaduddin Owaisi today said it would be a “herculean task” to implement the Supreme Court order on triple talaq due to “practical difficulties”. He, however, claimed the judges had ruled that personal laws could not be challenged as they fall under the ambit of fundamental rights which was a “welcome” step. “We have to respect the judgement. But there are various practical difficulties that will arise. It is going to be a herculean task to implement it on the ground,” he added. “Triple talaq is a very contentious issue and that is why even in the Supreme Court there was no unanimity,” the Hyderabad MP said. The Supreme Court by a majority verdict today set aside the practice of divorce through triple talaq among Muslims, saying the practice was void, illegal and unconstitutional. “The… opinion that the personal laws cannot be challenged under the ambit of fundamental rights is very important which one must keep in mind,” the All India Majlis- e-Ittehadul Muslimeen (AIMIM) chief said.
He also expressed satisfaction that the court did not do away with all forms of the practice in Muslim personal law, claiming that the BJP government wanted it. “The government’s argument was that take away every (form) of divorce in Islam. But this is not the case, the majority judgement has said that triple talaq is unconstitutional and it can not be allowed,” he claimed. The Centre had held that all the three forms of divorce among the Muslim community–-talaq-e-biddat, talaq hasan and talaq ahsan–were “unilateral” and “extra-judicial” and had asked the apex court to examine them. But the court had said it would only examine the legality of triple talaq or talaq-e-biddat. He said the majority Hanafi school of thought in Islam declared triple talaq as “sinful” and even the Muslim Personal Law Board had asked for “discouraging” it.
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“In Islam, those who follow Hanafi school of thought, it is sinful to pronounce divorce in the form of triple talaq and (still) divorce happens. That is why the Muslim Personal Law Board has said very clearly that triple talaq should not be used because it is sinful and we must discourage it,” Owaisi said.
He also opined that what has been said by the majority judgement of the five-judges Constitutional bench is already a law. “In 2002, the Supreme Court had laid down that triple talaq will not happen unless reasonable cause and arbitration effort was made,” he said.