India's Supreme Court asks: 'Is triple talaq sinful?

SC reserves verdict in triple talaq case

The Supreme Court on Thursday reserved its verdict on a batch of petitions challenging constitutional validity of the practice of triple talaq among Muslims.

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.

The report further says that while the four other judges in the Bench engaged the counsel seeking clarifications on doubts over religious practices and customs of the Muslim community, but Justice Nazeer didn't ask any question. The court permitted AIMPLB to file its affidavit.

Meanwhile, hearing on the triple talaq matter is underway in the Supreme Court.

"You (Centre) said if court quashes triple talaq then you will make a law but why the government did not make a law for last 60 years?" the bench asked. "Otherwise my right is protected under Article 25 (1) of the Constitution", he said.

A female member of the All India Muslim Personal Law Board has claimed that two decades back she had suggested a provision in the nikahnama (marriage contract) giving women a right to pronounce talaq, but the proposal was shot down by her co-panelists. There is a process, follow the process.The court is not to decide what are the sinful practices in the world.

Amit Singh Chaddha and Balaji Srinivasan, appearing for petitioner Sharaya Bano, urged the court to declare the instant talaq unconstitutional, arguing that distressed women had no one to turn to except the highest court.

The observations were made when Khurshid was advancing rejoinder arguments by emphasising that the practice was sinful and bad in theology which can not be good in law. "The practice has no place in Islam", he said.

While saying that AIMPLB was a body of standing having eminent and scholarly people on it, Mr Khurshid who is assisting the court differed with the Attorney General that the court should rule against all forms of talaq under Shariat before a law is enacted.

When Mulla was referred to by senior advocate Salman Khurshid on Thursday, Justice Nariman said, "Mulla was not only a great scholar on Muslim law but also a qualified priest like me in the Parsi community".

Several Muslim women, who have claimed to be a victim of the "patriarchal" practice, have appealed to PM Modi to get rid of the divorce system prevailing in the community.

Deviating from the Muslim Personal Law Board's opinion, Khurshid said one can not contract out of faith, just like one can not legislate out of faith. "On the contrary, it is deprecated by Islam", Mr Chadha told the court.

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