The Kerala High Court suggested to bring a uniform code for marriages. The court has also said that the power of triple talaq should be taken from the men. After considering four petitions filed by spouses involved in triple talaqs, the court suggested the amendments.
While one of them had questioned a lower court’s order to provide allowances following a triple talaq using ‘talaq Kuri’. And other had challenged passport authorities’ claim for a court verdict to prove dissolution of their marriages, which are carried out through talaqs.
The court said the uniform civil code is the need of the nation even when it is debated at different levels
Kerala High Court: It is possible to have a common code at least for the marriage law in India
“There are many areas in which religious laws can be reconciled with secular laws without there being a conflict of each other. While emphasizing the need for national oneness in areas where it is possible, and allowing citizens to have their own identity based on religious practices or belief, endeavor shall be made for a common code of conduct to regulate the behavior of subjects. The need is for a Common Civil Code; though it is debated at different levels but still it remains a mirage for want of agreement among different groups. This essentially arises out of misconception as to the secular law. It is possible to have a common code at least for the marriage law in India,” SC said as told by TOI.
Use of triple talaq by Muslim men should be banned
The Kerala High Court also said that the matter should be solved in the court and Muslim men should be banned from making use of this rule or custom.
“In the light of the above discussion, there is no difficulty to hold that the right of divorce as permitted in Islamic Law to the husband and wife can be divested from them to restore it to the court. Entrustment to effect divorce through the court in no way would affect the practice of sharia law in accordance with Qur’anic injunction. If the operative cause of the law of permitting husband and wife to effect divorce in accordance with the Qur’anic injunction failed; to achieve its objectives, in the form of Maslahah (public good), task of effecting divorce through court becomes inevitable to sub-serve the purpose of law,” the judgment stated.
There is not a political system has been established in Islam and any form of the government promoting the religious values must be honoured and obeyed by the believer.
“Nowhere in Islam, any form of government or authority has been singularly pointed out as a political form of establishment. On the other hand, Islam only laid down principles relating to the human life in every walk of his life till his death. Therefore, any form of the government promoting the religious values must be honoured and obeyed by the believer,” HC said.
