Triple talaq hearing: A timeline of events

Triple talaq hearing: A timeline of events

The Supreme Court on Wednesday suggested that the government could put in place a law to deal with issues including triple talaq instead of waiting for it to decide on the matter judicially, and wondered whether it is possible to give the Muslim woman the option to oppose instant divorce.

The AIMPLB decision comes a day after the top court asked it to consider giving an option to Muslim women to deny prospective husbands the option of triple talaq. A five-judge Constitution bench headed by Chief Justice J S Khehar also said if all "Qazis" can be asked to include this condition at the time of marriage.

The five-judge Constitution bench comprising Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer was told that the AIMPLB would file an affidavit before the court stating its decision.

Rohatgi referred to practises "sati", infanticide, "devdasi" and untouchability among Hindus and said that they have been done away with.

Sibal made an argument that challenging the constitutional validity of triple talaq, which is practised by a small portion of community, may revive the practice which is dying.

Sibal earlier on Monday's proceedings said the apex court should not decide or interfere in one's faith and belief. Yesterday, the Court seemed to change its mind and said it may look at these two issues as well (more on this later). "Triple talaq is not a practice which is prevalent and is slowly dying".

"Rights given under Article 25 of Constitution can not be considered as absolute", he said, adding the court has to look into these aspects as a community can not decide what is their fundamental rights.

SC reserved its verdict on a clutch of pleas challenging the constitutional validity of triple talaq among Muslims.




He said that it would be illegal as the Dissolution of Muslim Marriage Act 1939 provides that a woman will have to go to a court to get divorce.

Sibal said this was a "very complex situation" as the AIMPLB says it was a practice and Article 25, which guarantees freedom of conscience and free profession, practice and propagation of religion, is a fundamental right.

The Muslim body also equated triple talaq with the Hindu belief that Lord Rama was born at Ayodhya.

Yusuf Mucchala, another lawyer representing the law board, said the practice of instant talaq was undesirable but the community was gradually evolving on its own towards reforming it. However, the wife argued that the talaq can not be considered legally valid as the petitioner did not follow the procedures as specified in the Muslim law.

12 May: SC says the practice of triple talaq was the "worst" and "not desirable" form of dissolution of marriages among Muslims, even though there were schools of thought which termed it as "legal".

"There is a little difference in my and personal law board's opinion", he said. "We are talking about rule of law", he said.

Telling the bench that ripple talaq is not something that "we can do with flourish", Sibal said: "Personal law is drawn from Quran, Hadith and triple talaq is 1,400 years old".

Comparing practices in Islamic countries, Rohatgi said that in 25 nations, religion continued to strive even after abolishing triple talaq and hence, this can not be termed as "integral part of Islam".

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