Triple talaq: Salman Khurshid hopes Supreme Court will harmonise different views
"I have suggested that this harmonising effort has to be undertaken. The personal law board has said that the harmonising effect cannot be done by court and should not be done by court..." Khurshid told the media here.
New Delhi: Hinting towards the difference in his and All India Muslim Personal Law Board's (AIMPLB) opinion, amicus curiae in the triple talaq matter Salman Khurshid suggested that the court should harmonise different views so that becomes one acceptable view available for the courts in the country.
"I have suggested that this harmonising effort has to be undertaken. The personal law board has said that the harmonising effect cannot be done by court and should not be done by court. They have suggested legislation. I have said that if something is a part of personal law, then neither legislation nor courts can interfere," Khurshid told the media here.
Deviating from the Muslim Personal Law Board's opinion, Khurshid said one cannot contract out of faith, just like one cannot legislate out of faith.
"There is a little difference in my and personal law board's opinion," he said.
Khurshid further said that the focus remained on what is the fundamental area that Shariat occupies and whether triple talaq is an integral part of Shariat or of personal law.
"There are two views there and there have been several competing views as far as first goals of jurisprudence are concerned. The court will now have to decide whether it should harmonise different views, as I suggested, so that there is one acceptable view available for courts in our country," he said.
Earlier today, the apex court reserved its order in the case pertaining with validity of the Islamic divorce practice - triple talaq.
The five judge bench of the top court, headed by Chief Justice of India (CJI), Jagdish Singh Khehar and four other judges Justices Rohinton Fali Nariman, Kurian Joseph, Uday Umesh Lalit and S. Abdul Nazeer, reserved the order after hearing in great detail from all the parties - from various petitioners and respondents and the Central government for six consecutive days during the summer vacation session. (With ANI inputs)