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Centre has to prove triple talaq not essential in Islam, rules SC

Centre has to prove triple talaq not essential in Islam, rules SC”

Rohatgi told the bench that if they struck down triple talaq, as well as Nikah Halala and polygamy, the government would draft and institute a new law.

Kapil Sibal told the Supreme Court that 'triple talaq is going on since 1400 years, how can you say it is unconstitutional?' Nikah halala allows a woman to go back to her husband but only after she marries another man, consummates the marriage and gets a divorce.

Relating to the matter of the triple talaq and Muslim women, A five-judge bench of the apex court further observed that it would not hear polygamy issue along with the triple talaq case.

Citing limited time, the bench said it would focus on the validity of triple talaq, leaving other two issues for a later date.

"It will be dealt in future", the bench clarified when the AG asked the bench to clear if these are still open.

The board is protecting the practice of talaq thrice.

While Jethmalani attacked the practice on various constitutional grounds including the right to equality and termed it "abhorrent", Khan said it was akin to the pre- Islamic era practice of burying a female child alive in the Arabian region. "Slamming the Centre for calling triple talaq 'un-Islamic" and not ordained by the Quran or Constitution, he said ceremonies concerning birth, marriage, divorce, property and death are decided by families, influenced by social norms.

But even when it expires, making the divorce official, the couple can remarry, unless he declares it again, known as "triple talaq".

The apex court however asked the AIMPLB its opinion on the position of e-talaq in Islam, given through Whatsapp messages.

As the issue of triple talaq is being debated in the Supreme Court, a city court has ruled that the marriage performed by a Muslim woman during the "iddat" (waiting) period is not void.

The AIMPLB counsel said the age-old practice was "part of my faith and you can not determine what should be my faith".

However, revisiting the 1951 judgement is one of the central tenets of the petitioners' written submissions, particularly, the Bebaak Collective submission, which argues that personal laws, being statutes and thereby laws in force, must come under Article 13 and be subject to constitutional scrutiny when they violate fundamental rights of citizens. Senior advocate Kapil Sibal, the counsel for All India Muslim Personal Law Board had gave the example of Lord Ram to make his point.

Sibal said in Constitutional scheme, personal laws are itself protected.

Representing the government, Additional Solicitor General Tushar Mehta told the court that the Islam practiced in India was not "pure Islam" but an "anglicized" form of the religion. Immediately after a few years of the death of Prophet Muhammad, the companions of Prophet Muhammad talked about triple talaq. Issue is patriarchy. All personal laws, be it Hindu, Muslim or Christian, all are discriminatory.

The bench said two other forms of divorce have some safeguards but whether triple talaq had such safeguards?



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