Triple talaq not integral to Islam
Centre says it’s intra-community dispute
Attorney General Mukul Rohatgi on Wednesday told the Supreme Court that 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 AG strongly pleaded before a five-judge Constitution bench of Chief Justice J.S. Khehar and Justices Kurian Joseph, Rohinton Nariman, Uday Lalit and Abdul Nazeer for abolition of the ‘triple talaq’ form of divorce. Wednesday was the fifth day of hearing of a batch of petitions challenging the validity of triple talaq. The court had earlier taken suo motu cognisance of the issue and later several petitions were filed.
In his reply, the AG rejected the arguments of senior advocate and Congress leader Kapil Sibal, appearing for the All India Muslim Personal Law Board that the court should adopt a ‘hands-off’ approach on triple talaq issue as it would amount to the majority forcing their views on the minority community. The AG said, “It is a tussle between haves and have-nots within the system. It is an intra-community struggle between men and women.”
Even as the All India Muslim Personal Law Board asserted on Wednesday that triple talaq was dying and the court should keep its “hands off ” from deciding the issue, the Supreme Court asked the AIMPLB whether a woman can be given the option of saying “no” to the contentious practice at the time of nikahnama (Islamic marriage contract).
Chief Justice J.S. Khehar heading the bench suggested to senior advocate Kapil Sibal, representing the AIMPLB, if all qazis can be asked to include this condition at the time of marriage.
The Chief Justice of India told the counsel, “Is it possible that Muslim women are given an option to say no to triple talaq at the time of execution of nikahnama. Don’t infer anything from our suggestion.”
Mr Sibal welcomed the suggestion and said there were questions if the qazis would be bound by the AIMPLB’s directive to give brides the choice. He said the All India Muslim Personal Law Board would respond to this suggestion after talking to all its members.
Mr Sibal drew the court’s attention to a resolution passed by the All India Muslim Personal Law Board on April 14 this year that called triple talaq a sin and asked the community to boycott the person who invoked it.
He said, “When the court takes up the issue of triple talaq suo motu, it sends a wrong impression as if every member of the community wakes up in the morning and does it (divorces his wife).”
Cautioning the court from deciding the issue, Mr Sibal said it could lead to a backlash in the Muslim community, which might see its rights being infringed upon and therefore resort to other practices like polygamy and oral divorce.
As it is, triple talaq is practiced by a “minuscule portion” of the Muslim community, he said.
Mr Sibal compared the Muslim community to small birds and said the community's nests must have the Supreme Court's protection.
The Muslim community’s faith in the Supreme Court for the last 67 years is fundamental and that it is this faith that makes the country vibrant, he said.
He said towards the end of his arguments that triple talaq was admittedly an undesirable practice but the community should take the first step to stop it.
Quoting a survey report, Mr Sibal said instant triple talaq was not a popular way to end a marriage. He said of the 371 divorces reported, only one person used triple talaq and such cases accounted for only 0.44% of divorces among Muslims.