Thursday 18 May 2017

TRIPLE TALAQ 3



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.






 



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