SC reserves verdict on triple talaq

Toni Houston
May 20, 2017

Referring to the responses of the AIMPLB, he said that even they say that triple talaq was "undesirable", "sinful" but yet valid and wondered "then how it can be said to be integral to religion". In all likelihood, the apex court will strike down the practice of triple talaq as illegal. "So during every prayer you say triple talaq is bad, sinful". It is salutary that detailed discussions are taking place on social issues and personal laws.

In the ongoing hearings on triple talaq, the Supreme Court had asked the All India Muslim Personal Law Board if it would be agreeable to the idea of a woman rejecting triple talaq (uttered in a single sitting, or via SMS) and inscribing this wish in the nikahnama, the marriage contract. "I have said that if something is a part of personal law, then neither legislation nor courts can interfere", Khurshid told the media here.

"We have held a meeting on Wednesday and will send a circular to all the qazis within a week to mention in the nikahnama that it would not be permitted", senior advocate Kapil Sibal told a five-member bench headed by Chief Justice J S Khehar.

The board also showed the court a resolution passed on April 14, 2017, which stated triple talaq as a sin and that the community should boycott the person doing such an act.

"Testing the validity of customs and practices is a slippery slope", Mr Sibal said.

After hearing the petitions for six continuous days, the bench reserved its verdict.

Sibal further argued that just like the Hindus' faith about Rama's birth at Ayodhya can not be questioned, similarly Triple Talaq which is also a matter of faith for Muslims should not be questioned.

Women can opt out of triple talaq: AIMPL The All India Muslim Personal Law Board on Thursday told the SC that it has chose to issue an advisory to Qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikaah.

Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally.

Attorney General Mukul Rohatgi, in his rebuttal to the arguments favouring the 1,400 year-old practice of triple talaq, made a strong pitch for judicial scrutiny on grounds including violation of fundamental rights like right to equality and gender justice and said that the apex court can not shy away.

However, the Central government has termed triple talaq and all its forms as unconstitutional and has demanded that it must be struck down. Banning Muslim men in India from saying "I divorce you" three times to leave their wives won't protect women from destitution and women need education about economic rights, a leading women's rights lawyer said yesterday as a landmark case ended.

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