As on yesterday the CJI mentioned that Triple Talaq Is Mentioned Nowhere In Quran. Here are few critical issues being debated.
Personal laws, however inequitable, are considered sacrosanct and cannot be challenged for being in conflict with the Constitution of India without touching a raw nerve. In the absence of steadfast judicial interpretation in various cases where personal laws were disputed, the high-profile triple talaq issue acquires much interest and will give rise to numerous speculations before the specially constituted bench pens its verdict.
The contention whether triple talaq is an inherent part of Islam or not will be central to the ruling. However, amidst all the searing exchange of legal prowess, one hopes the women of the Muslim community, scarred by indignity and hopelessness, have something to celebrate at the end of it all.
The Supreme Court as on today concluded its landmark hearing on triple talaq, reserving its order. A multi-faith, all-male, five-judge bench of the Supreme Court has been hearing blistering arguments in a six-day proceeding that started on 11 May to establish the constitutional validity of triple talaq.
On the final day of the proceedings today, Chief Justice of India (CJI) J S Khehar picked up the Quran and said unequivocally, that the practice is “mentioned nowhere in the book”, and queried how the Muslim community could claim it was fundamental to the religion when they themselves admitted it was ‘sinful’ and ‘worst form of divorce’.
Somebody gave this book to us… it says Talaq-e-biddat is a deviation from the right path. And now this is read and reread during every Friday afternoon prayers. So during every prayer, you say triple talaq is bad, sinful. CJI J S Khehar
1. The Supreme Court said that the triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims. The court also queried how such a “sinful practice” can be taken as ordained by god and become a law.
2. “If the SC completely strikes down triple talaq, we will bring in a law. We will not leave the people high and dry,” said Attorney General Mukul Rohtagi.
3. Senior lawyer Salman Khurshid said that Islam considered instant triple talaq “sinful but valid in law”.
4. Sibal said challenging the constitutional validity of triple talaq, or instant oral divorce, could lead to a backlash in the Muslim community, which might see its rights as being infringed upon and therefore resort to supporting practices like polygamy and oral divorce.
“It is a 1,400 year old practice… who are we to say it is unislamic?”
5. Senior lawyer Indira Jaising said: “For deciding constitutionality, there is no difference between codified and uncodified law.”
6. The Centre, which wants oral, instant divorce declared unconstitutional, has said “triple talaq isn’t a basic and integral part of Islam.
Why is the SC hearing this matter?
The hearing is rooted in a 16 October 2015 order of the apex court by which it had directed the separate listing of a public interest litigation addressing the question of rights of Muslim women vis-a-vis these three customs. The hearing holds importance as the Allahabad High Court in its verdict pronounced in the last week of April, had held the practice of triple talaq as unilateral and bad in law.
In November last year, the Mumbai-based Bharatiya Muslim Mahila Andolan (BMMA – Indian Muslim Women’s Movement) released a report chronicling nearly 100 cases of triple talaq.
The Supreme Court had on 30 March this year said that the Muslim practices of triple talaq, nikah halala and polygamy are issues that are “very important” and involve “sentiments” and a constitution bench would hear the petitions from 11 May.
The lead petition in the current case is titled “Quest for Equality vs. Jamiat Ulama-i-Hind”. Tagged with the case are six petitions by Khuran Sunnath Society, Shayara Bano, Aafreen Rehman, Gulshan Parveen, Ishrat Jahan and Atiya Sabri.
What are the issues before the SC bench?
Does personal law come under the ambit of Constitution of India? Four questions Supreme Court will address:
1. Whether the impugned practice of triple talaq is protected under Article 25(1) of the Constitution of India?
2. Whether Article 25(1) is subject to part III of the Constitution and in particular Articles 14 and 21 of the Constitution of India?
3. Whether personal law is law under Article 13 of the Constitution?
4. Whether the impugned practices of talaq-e-biddat, Nikaah halala and polygamy are compatible with India’s obligations under International treaties and covenants to which India is a signatory?
5. Whether constitutional morality outweighs religious morality ?
Darknet, also known as dark web or darknet market, refers to the part of the internet that is not indexed or accessible through traditional search engines. It is a network of private and encrypted websites that cannot be accessed through regular web browsers and requires special software and configuration to access.
The darknet is often associated with illegal activities such as drug trafficking, weapon sales, and hacking services, although not all sites on the darknet are illegal.
Examples of darknet markets include Silk Road, AlphaBay, and Dream Market, which were all shut down by law enforcement agencies in recent years.
These marketplaces operate similarly to e-commerce websites, with vendors selling various illegal goods and services, such as drugs, counterfeit documents, and hacking tools, and buyers paying with cryptocurrency for their purchases.
Anonymity: Darknet allows users to communicate and transact with each other anonymously. Users can maintain their privacy and avoid being tracked by law enforcement agencies or other entities.
Access to Information: The darknet provides access to information and resources that may be otherwise unavailable or censored on the regular internet. This can include political or sensitive information that is not allowed to be disseminated through other channels.
Freedom of Speech: The darknet can be a platform for free speech, as users are able to express their opinions and ideas without fear of censorship or retribution.
Secure Communication: Darknet sites are encrypted, which means that communication between users is secure and cannot be intercepted by third parties.
Illegal Activities: Many darknet sites are associated with illegal activities, such as drug trafficking, weapon sales, and hacking services. Such activities can attract criminals and expose users to serious legal risks.
Scams: The darknet is a hotbed for scams, with many fake vendors and websites that aim to steal users’ personal information and cryptocurrency. The lack of regulation and oversight on the darknet means that users must be cautious when conducting transactions.
Security Risks: The use of the darknet can expose users to malware and other security risks, as many sites are not properly secured or monitored. Users may also be vulnerable to hacking or phishing attacks.
Stigma: The association of the darknet with illegal activities has created a stigma that may deter some users from using it for legitimate purposes.
AI, or artificial intelligence, refers to the development of computer systems that can perform tasks that would normally require human intelligence, such as recognizing speech, making decisions, and understanding natural language.
Virtual assistants: Siri, Alexa, and Google Assistant are examples of virtual assistants that use natural language processing to understand and respond to users’ queries.
Recommendation systems: Companies like Netflix and Amazon use AI to recommend movies and products to their users based on their browsing and purchase history.
Efficiency: AI systems can work continuously without getting tired or making errors, which can save time and resources.
Personalization: AI can help provide personalized recommendations and experiences for users.
Automation: AI can automate repetitive and tedious tasks, freeing up time for humans to focus on more complex tasks.
Job loss: AI has the potential to automate jobs previously performed by humans, leading to job loss and economic disruption.
Bias: AI systems can be biased due to the data they are trained on, leading to unfair or discriminatory outcomes.
Safety and privacy concerns: AI systems can pose safety risks if they malfunction or are used maliciously, and can also raise privacy concerns if they collect and use personal data without consent.