Supreme Court reserves verdict over Triple Talaq Case

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The CJI pressed on with his argument by saying that triple talaq was "mentioned nowhere in the book".

What is worse is that the AIMPLB in its affidavit to the Supreme Court took up positions that sound not just obscurantist, but also outrageous.

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.

Former Union minister Arif Mohammed Khan, appearing for the All India Muslim Women Personal Law Board, said the instant talaq was a pre-Islamic Arab tradition that lacked sanction in the Quran.

"Getting married under the Special Marriage Act, 1954, is not the solution". Replying to which Sibal said yes "we are doing it".

Justice Kurian Joseph, one of the judges on the bench, asked, prompting Sibal to seek a week's time for the Urdu draft to be translated into English. "So during every prayer you say triple talaq is bad, sinful". Sibal asked the apex court. It continues to be stuck in the past and has so far steadfastly refused to reform its definitions of what comprises the welfare of the community, and consequently is now faced with the possibility of becoming irrelevant both within the community and in the court of law. The hallmark of a secular court is to start reform without waiting for a legislation.

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It had also said that the issue of polygamy and "nikah halala" would be kept pending and will be dealt with later.

In actuality, this is a "tussle" by Muslim women for justice against the men of their own religion, Attorney-General Mukul Rohatgi submitted before a Constitution Bench led by Chief Justice of India J.S. Khehar. There is a process, follow the process.The court is not to decide what are the sinful practices in the world.

However, the Central government has termed triple talaq and all its forms as unconstitutional and has demanded that it must be struck down. "Substantiating my view with reasons and examples, I asserted that it can not be justified and can not be given law's validation", Khurshid said during the hearing. Talaq is a word which, if told three times in a row, equals - in the Islamic tradition - a divorce.

The Supreme Court on Thursday asked Muslim bodies how a practice like triple talaq can be a matter of "faith" when they have been asserting that it is "patriarchal", "bad in theology" and "sinful".

While AIMPLB was adamant that Muslim personal law practices could not be tested for its validity by courts, the petitioners were adamant that triple talaq was a blot on the Muslim community for denying right to equality to women.