Supreme Court judgement on ‘triple talaq’ tomorrow – Tomorrow Apex court of India The Supreme Court would announce a historic judgment on the issue of whether the practice of ‘triple talaq’ among Muslims is fundamental to the religion or not. It is a controversial and burning issue. A Constitution bench which is headed by Chief Justice J S Khehar had reserved its verdict on 18th May of this year. CJI kept his judgment after a hearing of six days in summer vacation. During hearing SC had already mentioned that he is presently not considering the issue of polygamy and would only examine whether triple talaq was a part of an “enforceable” fundamental right to practice religion by the Muslims or not.
The bench has judges from different religious communities. The Five Judge bench include Chief Justice Of India Justice J S Khehar, Justice S Abdul Nazeer, Justice R F Nariman, Justice Kurian Joseph and Justice U U Lalit.
The bench had heard seven plea including five separate petitions filed by Muslim women. Who challenge the prevalent practice of ‘triple talaq’ in the muslim community. The Muslim women, who had filed the petitions, said that in ‘triple talaq’ husband get a divorce when he pronounces ‘talaq’ thrice at same time. Sometimes it happens on phone or via a text message. The petitioners claimed that the practice of ‘triple talaq’ was unconstitutional.
The apex court had found that ‘triple talaq’,a dissolution of marriage among Muslims is not a desirable form for muslim women. Several lawyers had challenged the practice on various constitutional grounds including the right to equality. It was argued that “triple talaq” was a discrimination on the ground of sex.
The Central Government asked Supreme Court to come up with a solution in this regard. If SC found ‘triple talaq’ is invalid and unconstitutional. A law or suggestion by SC to regulate marriage and divorce among Muslims would be appreciated.
In a report The Centre had said ‘triple talaq’ is neither integral to Islam, nor a “majority versus minority” issue but rather an “intra-community tussle” between Muslim men and deprived women.
The lawyer of All India Muslim Personal Law Board (AIMPLB) advocate Mr. Kapil Sibal argued that triple talaq has been in Muslim community since 637 AD and it can’t be termed as un-Islamic as Muslims have been practicing it for last 1,400 years. As Hindu community believed and practicing Lord Rama was born in Ayodhya. According to him it is matters of faith which cannot be tested on grounds of constitutional morality.
In a statement Mr. Kapil Sibal had said Parliament to enact a law or it should be left to the community itself. And the court should not interfere on the issue.
During the hearing Apex Court had asked the All India Muslim Personal Law Board (AIMPLB) whether community give an option to woman of saying ‘no’ to triple talaq at the time marriage contract known as Nikahnama.
The Five-Judges bench had taken up the main matter on its own as a petition titled “Muslim Women’s quest for equality”.