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Supreme Court reserves its order in triple talaq case

ANI  |  New Delhi [India] 

The Supreme on Thursday 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 (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 for six consecutive days during the summer vacation session.

The All Muslim Personal Board (AIMPLB) yesterday told the apex that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in 'nikahnama'.

The board further said that a Muslim woman had every right to pronounce triple talaq in all forms, and also ask for very high 'mehr' amount in case of talaq.

The board's reply came after CJI J.S. Khehar asked AIMPLB counsel Kapil Sibal if it was possible to give bride the right to not accept instant triple talaq.

The board also showed the 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.

The apex also wanted to know from the AIMPLB if it was possible for the board whether their (SC) advisory will be followed by the Qazis at the ground level.

One of the board's lawyers Yousuf Hathim Muchala told the top that the advisory of the AIMPLB was not mandatory for all Qazis to follow. Muchala, however, made it clear that the board accepted the suggestions in all humility and would look at it.

Sibal earlier on Monday's proceedings said the apex should not decide or interfere in one's faith and belief.

To this, Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked, if they should not hear the matter at all.

"Yes, you should not hear," replied Sibal.

Earlier, Sibal asked the top as to how a 1400-year-old practice be branded 'unconstitutional'.

"Triple talaq is going on since 1400 years, how can you say it is unconstitutional?" Sibal asked the apex

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

The bench also questioned the AIMPLB on the position of e-divorce given on the WhatsApp in Islam.

The Centre, during the earlier hearing, assured the apex that it would come out with a to regulate marriage and divorce among Muslims if Triple Talaq is upheld as invalid.

"The will come out with to regulate marriage and divorce among Muslims if holds Triple Talaq as invalid," Attorney General Mukul Rohatgi told the bench.

Rohatgi also conveyed to the apex bench that triple talaq violates Muslim women's right to equality within the community, and also within the country

Earlier in the hearing, the apex refused to hear all the three cases of Polygamy, Nikah and Halala at once, saying it would focus on one matter at a time.

The Attorney General and top officers representing the Central arguing in front of the five judge Constitution bench said the apex should hear other cases also, besides triple talaq.

However, the top said that they have a limited time, so all the matters could not be covered at present.

On the second day of the hearing, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the Supreme that the controversial Islamic divorce system cannot be justified whatsoever.

Citing examples, Khurshid told the that the Triple Talaq practice cannot be validated constitutionally.

"There was a discussion that whether triple talaq is valid constitutionally. Substantiating my view with reasons and examples, I asserted that it cannot be justified and cannot be given law's validation," Khurshid said during the hearing.

The Centre, earlier on May 11, told the apex that it opposed the triple talaq practice and wanted to fight for women equality and gender justice.

However, AIMPLB counsel Kapil Sibal told the apex that Triple Talaq is a matter that comes under the Muslim board and therefore, in his opinion, the top should not interfere in it.

"The Central makes rules but in my opinion the apex should not interfere into it," Sibal said.

While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex earlier observed that it would examine whether the issue is fundamental to religion or not.

(This story has not been edited by Business Standard staff and is auto-generated from a syndicated feed.)

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