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Muslim Law of Divorce ‘Triple Talaq’ is Sinful and Undesirable but can be permissible if not misused, AIMPLB tells Supreme Court

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Muslim women, Wikimedia
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New Delhi, May 16, 2017: The All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that triple talaq was a “sin and undesirable” act, but still permissible and efforts are on to educate the community against its misuse.

Asking the court not to interfere with triple talaq as it was also a matter of faith which the community has practised for 1,400 years since the birth of Islam, senior counsel Yusuf Hatim Muchchala said that though permissible, triple talaq “is a sin and undesirable act, we are trying to educate people” but “it will take some time”.

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Muchchala, who is also a member of the AIPMLB’s Executive Committee, made his suggestion to the five judge constitution bench in response to a question from it as to why triple talaq was excluded from the ‘Nikah Nama’ and why ‘talaq ahasan’ and ‘hasan’ alone are included.

Drawing a parallel, senior counsel Kapil Sibal, also appearing for AIMPLB, said that as some people believe that Lord Rama was born in Ayodhya and it was a matter of faith and could not be adjudicated, similarly Muslim personal law too was a matter of faith and the court should be shy from stepping in.

Sibal was addressing the constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer, which is hearing a batch of petitions challenging the constitutional validity of triple talaq.

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The matter is rooted in October 16, 2015 order of the SC, directing separate listing of a PIL addressing the question of the rights of Muslim women.

As Sibal stressed on the point that personal law was a matter of faith and court should not step in, Justice Joseph said: “May be. (But) now some women have come to us for justice after 1,400 years.”

Telling the bench that ripple talaq is not something that “we can do with flourish”, Sibal said: “Personal law is drawn from Quran, Hadith and triple talaq is 1,400 years old. Who are we to say it is un-Islamic. It is not a question of good conscience or morality but a question of faith. It is not a question of constitutional morality.”

Telling the court that it had no role in the matter of Muslim personal law, and “parliament alone can decide what to do”, Sibal took a dig at Attorney General Mukul Rohatgi telling the court on Monday that it should strike down the all three forms of talaq amongst Muslims and centre would enact a new divorce law.

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“For the first time you are with us”, Chief Justice Khehar said as Sibal said that the government could not ask the apex court to first strike down all three practices of talaq, then it will enact a law.

Citing the 1937 Muslim Personal Law (Shariat) Application Act, he said it was not an attempt to codify Muslim personal law and its “essential purpose” was to ensure that all those customs and practices which were contrary to Islam but being followed by those who embraced Islam should be discontinued and declared contrary to Islam.

Referring to Hindu Code where exceptions were carved out for protection of customs and practices, Sibal said: “You can’t say that all personal laws are protected but Muslim personal law was subject to fundamental rights.”

Similarly he referred to Dowry Prohibition Act, which while abolishing dowry, permitted gifts.

“Faith can’t be interpreted in the courts of law,” Sibal said, adding that we “enter into very very complex world where we will have to travel 1,400 years back in history to discover what is wrong and what is right”.

“I believe it so. This is my faith for 1,400 years. You can’t determine that my faith be so. You can’t test my faith on higher principles,” he said.

Saying that the diversity of India has to be nurtured and not ridden over roughshod, Sibal referred to the Constitution’s Article 371 which provides for special provisions in respect of different states and laws in respect of them can’t be made without their consent.

Hearing will continue on Wednesday. (IANS)

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All You Need to Know About the Sport of Jallikattu

Jallikattu is certainly a dangerous sports, which poses a risk of life for the participants.

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banned bull taming sport of Tamil Nadu
Jallikattu sport of Tamil Nadu, Wikimedia

By Ruchika Verma

  • Jallikattu is a traditional Tamil sport
  • The sport involves bulls and humans, the latter trying to control the former
  • The sport was banned in 2014, which created a lots of controversy

Jallikattu or Sallikkattu, also known as ‘eru thazhuvuthal’ and ‘manju virattu’ traditionally, was in news last year, around this time due to the ban imposed on it by the Supreme Court. The ban was much hyped and gathered a plethora of media’s attention.

Jallikattu ban was much hyped. Wikimedia Commons
Jallikattu ban was much hyped. Wikimedia Commons

Jallikattu ban has also garnered lots of political attention due to the involvement of Tamil Nadu and Central governments. The issue is much hyed due to the political context involved in it too.

What exactly is Jallikattu ? 

Jallikattu is a traditional sport and spectacle in which bulls of the Pulikulam or Kangayam breeds are released into a crowd of people, and multiple human participants attempt to control the bulls while they try to escape.

Jallikattu is seen as animal cruelty by many activists. Flickr
Jallikattu is seen as animal cruelty by many activists. Flickr

Jallikattu is practised in the Indian state of Tamil Nadu as a part of Pongal celebrations. The districts, Madurai, Thanjavur, and Salem are the most famous for conducting Jallikattu. The game dates back to Tamil classical period, which went back to 400 BC. Ancient Tamil Sangam literature described the practice as ‘Yeru thazhuvuthal’ which literally means “bull embracing.” With time the sport has become synonymous with valour and bravery.

Also Read : Tamil Nadu legalises Jallikattu with a New Law

What happens in Jallikattu and how?

The bulls participating in the game are all lined up behind a narrow gate and released one by one into the arena. The participants have to either control the bull by holding its hump or clutch away a flag attached to the horns. Owners of the bulls often announce prizes for the man who gets the hold of their bull.

The objective of the game is not to kill or overpower the bull, but to hold onto their hump for a certain amount of time or distance.

The participants are only allowed to hold onto the hump of the Bull. www.in.com
The participants are only allowed to hold onto the hump of the Bull. www.in.com

There are three variants to the game. First, when the  bulls are released from an enclosed area. Second, when the bull is directly released into open ground. And third, when bull is tied to a rope as the only restriction, and a team of 7-9 members has to untie the prize from the bull’s horns in 30 minutes of time period.

The gate through which bulls enter the arena are called vadi vasai. The bulls charge at the men standing most near to the gate. One of the rules also say that a participant is only allowed to hold bull’s hump and no other body part. The other rules varies from region to region.

Also Read : Animal rights organisations challenge new law on Jallikattu

Jallikattu Ban and Controversy

Jallikattu is certainly a dangerous sports, which poses a risk of life for the participants.

In 2014, The Supreme Court banned the sport, endorsing the activists’ concerns according to which, Jallikattu is not only cruelty towards the animal, but also poses a threat to humans. According to the data provided, between 2010 and 2014, 17 people were killed and approximately 1000 were injured during Jallikatu.

The Jallikattu ban was protests by many Tamilians.
The Jallikattu ban was protests by many Tamilians.

However, the ban invited a lots of protests. Many Tamil communities called this ban a violation of their culture and tradition.

In 2017, many lawyers plead to remove the ban which was rejected by the court. After requests and arguments of Tamil communities, central government reversed the ban, however, after Supreme Court stuck the order down, the ban was imposed again. However, the government of Tamil Nadu sanctioned the sport and brought it back into the practice.