TRIPLE TALAQ : JUDGEMENT RESERVED
Hello to
my all readers.
Today after
hearing day to day; Supreme court reserved its judgement. I feel happy and congrats
Supreme Court to show the world that Indian Judiciary is not lethargic on such sensitive
issue and nether it is over zealous to give hasty judgements.
Detailed
discussion on each prospective is really appreciable. I was continuously
fallowing Supreme Court on this and ICJ on Jahadav case. Before the judgement
of Supreme Court I want to predict the decision of the highest court of
justice.
Supreme Court
most probably going to give fallowing points in its judgement in Triple Talaq:
1)
Talaq
ul biddat is a bad Talaq though its no where given in Quran but there are
certain Hadis that favour triple Talaq. Due
to its consistent and undisturbed use it has became the integral parts of Muslims
even though not allowed by Islam. (for details of hadis please read my earlier
blog on triple Talaq) . Taking away the rights of triple Talaq may be
miss understood my minority therefore we are not taking away triple Talaq as
completely.
2)
Legislation
is the sole domain of legislatures and they always have power to legislate new
laws in order to strike down any social evil in order to do social development.
Triple Talaq being a social evil can be
struck down by legislature through some legislation.
3)
Until
the new legislation does not come in to
existence we order AIMPB( All India Muslim Personal Board) to amend the Nikha Nama and incorporate new
clauses in Nikha Nama such as
·
Wife will have power to deny instant triple Talaq.
·
Wife
will have power to enhance the amount of
Dower in cases of instant Talaq
AIMPB
have to inform this to all qazis about the changes and any qazi not fallowing
the changes will be subject to some punishment ( court will decide that in its
judgement).
4)
AIMPB
to make changes in nikha nama where right to Triple Talaq will also be given to women . Indian
Constitution gives equality to all and even Quran Allowed power of Talaq to
women. Therefore All Muslim women should also be given right of divorce trough triple Talaq.
In order
to have control on such social evil court might create deterrence by creating penalty
in form of heavy fine
Dear readers
these are my personal predictions I am not declaring that this is going to be a
judgement.
Waiting for the judgement.
