|
New Delhi, (IANS) The Union government on Friday told the Supreme Court that 'triple talaq', 'nikaah halaal' and polygamy as practised by the Muslims in India were not "integral to the practices of Islam or essential religious practices."
"The fact that Muslim countries where Islam is the state religion have undergone extensive reforms goes to establish that the practise in question cannot be regarded as integral to the practices of Islam or essential religious practices," argued the government in an affidavit filed on Friday.
Referring to the changes in the personal law that have already taken place in Islamic countries, the government has cited the instances of changes in marriage laws in Iran, Egypt, Indonesia, Turkey, Tunisia, Morocco, Afghanistan, Bangladesh and Pakistan.
"It is noteworthy that even theocratic states have undergone reforms in this area of the law and therefore in a secular republic like India, there is no reason to deny women the right available under the constitution," it said in its response to top court's September 5 order asking it spell out its position on the right of Muslim women in matrimonial matters relating to divorce and maintenance, including triple talaq.
An apex court bench of Justice Anil R. Dave and Justice Adarsh Kumar Goel had by their October 16, 2015 order, issued notice to Attorney General Mukul Rohatgi and the National Legal Service Authority as it directed the separate listing of a PIL addressing the question of the rights of Muslim women.
The government said that the question of triple talaq, where husbands can summarily divorce their wives by pronouncing the word 'talaq' thrice, 'nikaah halaal' under which a divorced couple cannot remarry unless the woman marries again and becomes single again through divorce or death of the second husband, and polygamy needs to be considered in the light of the "principle of non-discrimination, dignity and equality".
Disclaimer: Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. canaranews.com will not be responsible for any defamatory message posted under this article.
Please note that under 66A of the IT Act, sending offensive or menacing messages through electronic communication service and sending false messages to cheat, mislead or deceive people or to cause annoyance to them is punishable. It is obligatory on CANARANEWS to provide the IP address and other details of senders of such comments, to the authority concerned upon request.
Hence, sending offensive comments using canaranews will be purely at your own risk, and in no way will canaranews.com be held responsible.