Triple talaq against tenets of Islam, Constitution: Jethmalani

Former Union ministers Arif Mohammad Khan and Ram Jethmalani on Friday submitted before the Supreme Court that triple talaq was against the tenets of Islam and discriminated against women in violation of the Constitution.

Khan, who resigned from Rajiv Gandhi’s Cabinet in 1986 in connection with the Shah Bano case said, “The Shariat law in Islam is Quran, but they (different schools and scholars) have distorted the provision of divorce beyond recognition... Now, even if you say divorce (talaq) thrice in jest, it becomes valid. The due process has to be followed.”

“Not only is triple talaq non-fundamental, it violates everything in Islam,” he said, adding that the Quran lays down the procedure for marriage and divorce.

Eminent jurist Jethmalani contended before a five-judge bench, headed by Chief Justice J S Khehar, that no discrimination against women should be allowed. He said the practice of triple talaq is a violation of the fundamental rights enshrined in the Constitution.

Jethmalani urged the court to declare the practice unconstitutional under Article 13 (laws inconsistent with or in derogation of the fundamental rights) of the Constitution.

He said it was a method of terminating marital contract by men only. It violated Article 14 (equality) and Article 15 (no discrimination on the basis of sex) as enjoined under the Constitution.

No amount of advocacy by a man will justify instant triple talaq pronounced to get rid of a woman on “a whim”, he said, adding the practice was repugnant to the Quran and Prophet Muhammad’s teachings.

Farah Faiz, a petitioner, submitted that one should read the Quran for clarity about the procedure of divorce, and not scholars of various Islamic schools.

“God made us humans and not Sunnis or Shias or Malikis or Hanifis,” Farah submitted.