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If triple talaq can be regulated in Pakistan, other Muslim countries, why not in India: Law Minister

Thursday January 26, 2017 8:24 PM, & Agencies

Triple Talaq

Union Law Minister Ravi Shankar Prasad on Wednesday while maintaining that the Modi government has made its position clear to the Supreme Court on the matter wondered why Triple Talaq as practiced in India cannot be regulated when the same has been regulated by Pakistan and other Muslim countries.

“We respect the freedom of religious sentiments, provided they are constitutional. Moreover, in 20 Muslim countries, triple talaq has been regulated, including in Pakistan.

"If Islamic countries could regulate triple talaq without being voilative of sharia, how can such an argument be made in case of India, which is a secular country” he asked.

Prasad was speaking to reporters on the sidelines of his visit to Sri Krishna Mutt here on Wednesday.

“Our position is that triple talaq is bad on the grounds of gender justice, gender dignity and gender equality. Our constitution respects women’s dignity and triple talaq in that way is unconstitutional,” he said.

Differences over practice of triple talaq exist in the Islamic Sharia since the tenure of second Caliph Omar (RA). Muslim scholars and jurists argue that concurrent talaq or triple talaq in one go has never been approved by Prphet Mohammad (peace be upon him), during the tenure of first Caliph Abu Bakr (RA) and the first two years of Caliph Omar's caliphate.

Caliph Omar later approved it as punishment, scholars argue, but later on the practice was annulled by Muslim jurists. It is on this basis, the practice of concurrent talaq has been termed invalid in most of the Muslim countries. (Read more about Triple Talaq by clicking here.)

Muslims in India, majority of them followers of Hanafi school of thought, are adamant on the invalid concurrent talaq and are fighting a case with women activists in the Supreme Court.

Interestingly, some renowned Hanafi scholars have also ruled against concurrent or triple talaq. According to the sources in the All India Muslim Personal Law Board (AIMPLB), the members fear that agreeing to any change on triple talaq would open floodgate of interference in other Sharia matters.

It is also learnt that there is a strong dissent among the members of the All India Muslim Personal Law Board (AIMLB) and especially some women members are upset over board's handling of the situation.

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