How something that was ordained as “sinful” by God can be a part of Muslim personal law: SC

SC to hear triple talaq cases from May 11
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The Supreme Court of India was today informed by The All India Muslim Women Personal Law Board (AIMWPLB) that triple talaq was not fundamental to Islamic tenets as the top court wonder how something that was ordained as “sinful” by God can be a part of Muslim personal law.

“Can something found to be sinful by God, be validated by men through law,” asked Justice Kurian Joseph who along with Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer is on the constitution bench, headed by Chief Justice Jagdish Singh Khehar.

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The court’s observation came in the course of the hearing when senior counsel Salman Khurshid assisting the court pointed to the All India Muslim Personal Law Board saying that though triple talaq was a sin but it was permitted under Shariat.

On the second day of the hearing on a batch of petitions by different individuals and organisations challenging the validity of triple talaq, the bench made a number of observations, including that triple talaq was like a “death penalty” which was abhorrent but permissible.

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