Would only be dealing with the legal aspects of triple talaq, says SC
The bench clarified to the parties concerned that the court would not deal with the factual aspects of the particular issue and would rather concentrate on the legal side
The Supreme Court on Tuesday said it would only be dealing with "legal aspects" of issues pertaining to the practices of triple talaq, "nikah halala" and polygamy among Muslims and not with the question of divorce of Muslim women needs to be supervised by courts as it comes under the legislative domain.
“You (lawyers for parties) sit together and finalise the issues to be deliberated upon by us. We are listing it day after tomorrow for deciding the issues,” a bench comprising Chief Justice J S Khehar and Justices N V Ramana and D Y Chandrachud said.
The bench clarified to the parties concerned that the court would not deal with the factual aspects of the particular issue and would rather concentrate on the legal side.
“We are not interested with facts at all. We are only interested in dealing with the legal issue,” the bench made it clear.
The highest court of the country added that the question whether divorce under Muslim Personal Law needs to be supervised either by the courts or court-appointed institutions fall under the legislative domain.
The Centre had earlier come up with opposition against the practice of triple talaq, "nikah halala" and polygamy among Muslims and asked for a recheck on the basis of gender equality and secularism.
The Law and Justice Ministry referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law existing in various Islamic countries.
The Centre responded to a batch of petitions including one filed by Shayara Bano asking the validity of such practices among Muslims referring to the right of gender equality under the Constitution.
All India Muslim Personal Law Board,however has rebuffed the stand of Narendra Modi government saying it was against the religious rights provided under the Constitution.
Another important Islamic organisation Jamiat Ulema-i-Hind apprised the court that there is no chance for interfering with the Muslim Personal Law in which all the challenged practices are well rooted and stand very important as compared to other practices.