Is triple talaq religious practice? If out, how will Muslim men divorce, asks SC
TRIPLE TALAQ HEARINGS BEGIN, COURT SAYS MAY NOT ADDRESS POLYGAMY
A FIVE-JUDGE Constitution bench of the Supreme Court on Thursday began hearing arguments on a batch of petitions challenging the Constitutional validity of “instant triple talaq” (talaq-e-bidat) with some contending that “the practice was not part of Islamic law” and was liable to be struck down as “unlawful and unconstitutional.” The apex court wondered whether there was any alternate remedy open to Muslim men to seek divorce in case the controversial provision was done away with.
“If all the three forms of talaq are held bad in law, where will the Muslim man go for divorce?” the bench headed by Chief Justice of Indian J S Khehar sought to know.
The court is hearing seven petitions, including five filed by Muslim women challenging the practice of polygamy, nikah halala and triple talaq in the community. Other members on the bench are Justices Kurien Joseph, U U Lalit, R F Nariman and Abdul Nazeer.
The court raised the query when Additional Solicitor General Tushar Mehta said the Centre was opposed to all forms of triple talaq. The ASG’S comments came as the court was hearing senior counsel Indira Jaising who, appearing for one of the petitioners Bhartiya Muslim Mahila Andolan, contended that “the question is if the triple talaq provision is unilateral, where do the women go (for remedy)?”
Jaising added that it was up to Parliament to come up with a law in this regard to which Justice Kurien Joseph remarked: “If the Parliament does not, can this forum (do it)? Many a time, this court has thrown it to the
Advocate Farah Faiz, one of the petitioners in the triple talaq case, outside the Supreme Court on Thursday.