Supreme Court reserves its order in triple talaq case

Hindu beliefs not questioned Muslim faith is Indian Muslim law board

"It is an issue of a minority community that is Muslim, and that of women within that community", Attorney General (AG) Mukul Rohatgi said.

Earlier in the morning, the bench asked the All India Muslim Personal Law Board (AIMPLB) if it was possible to give the woman the option, before she gives her consent to nikaah, that the marriage she was entering into would not be dissolved through instant triple talaq and whether their advisory would be followed by the qazis at the ground. The bench in the morning asked the All India Muslim Personal Law Board if it was possible to give the woman the option that the marriage would not be dissolved through triple talaq and whether their advisory would be followed by the Qazis on the ground.

"Even now?" asked Justice Kurian Joseph, one of the judges on the bench, which includes Justices R.F. Nariman, U.U. Lalit and Abdul Nazeer.

Former Union minister and senior lawyer Kapil Sibal, representing the AIMPLB, said that he will respond after talking to all board members.

11 April: The Centre has told the SC that the practices of triple talaq, nikah halala and polygamy impact the social status and dignity of Muslim women and deny them fundamental rights guaranteed by the Constitution. How can a sinful practice be said to be a matter of faith.

While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex court earlier observed that it would examine whether the issue is fundamental to religion or not. Triple talaq is an obnoxious and medieval practice to grant illegal rights to a husband and has absolutely no sanction in the Koran. "The Supreme Court can not be called upon to decide as to what was wrong or right with the practice and belief", he said. The court can't say that it is helpless and it cannot step in. The five judges hearing the triple talaq have a copy each of the English translation of Holy Quran with them for reference that they carry with them when they sit for the day-long hearing.

Objecting to the Centre's arguments, the AIMPLB informed the Supreme Court that marriage in the Muslim community is a contract and in order to protect their interests and dignity, women can put special emphasis on certain clauses in "nikahnama".


"If I have faith that Lord Rama was born at Ayodhya, then it's a matter of faith and there is no question of constitutional morality", Sibal told a fivejudge Constitution bench headed by Chief Justice J S Khehar.

India's Supreme Court is expected to deliver a verdict Friday on the controversial Islamic divorce practice known as "triple talaq". It was further argued that a husband can delegate the power of pronouncing triple talaq to his wife or to another person.

That the bride has opted out of triple talaq would be recorded in the Nikaah Nama, the court was told. "We are talking about rule of law", he said. The apex court bench said the government has to first pass the test of "essentiality" and prove that "triple talaq" is not an essential part of Islam, as this will amount to "tinkering" with religion.

However, the top court said that they have a limited time, so all the matters could not be covered at present. "But do not attempt to effect changes forcibly through the guile of Constitution", Sibal said.

Comparing practices in Islamic countries, Rohatgi said that in 25 nations, religion continued to strive even after abolishing triple talaq and hence, this can not be termed as "integral part of Islam".

16 February: SC says a five-judge constitution bench would be set up to hear and decide the challenge on "triple talaq", "nikah halala" and polygamy.

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