New Delhi, May 18: Today while hearing on ‘Triple Talaq’ the Supreme Court reserved its verdict which challenged the ‘fundamentalism’ of practicing ‘Triple Talaq’ amongst Muslim women. The five-judge bench earlier had made it clear that it would examine whether the practice of ‘Triple Talaq’ among Muslims is fundamental to their religion.
The bench headed by Chief Justice J S Kehar along with other judges, who heard the issue for total six days, today reserved the order after hearing in great detail from all the parties - including the Centre, All India Muslim Personal Law Board, All India Muslim Women Personal Law Board and various other petitioners made the submissions. Yesterday All India Muslim Personal Law Board had tough time facing questions fired by Supreme Court bench. While Muslim bodies asserted saying that ‘Triple Talaq’ is ‘Fundamental’ and ‘Part of religion’, SC squashed this saying that how the practice can be "fundamental" to Islam when the religious and scholarly texts themselves call it "worst" and "sinful".
The Supreme Court asked the All India Muslim Personal Law Board, AIMPLB, whether a woman can be given option to deny triple talaq at the time of execution of 'nikahnama' - the Islamic marriage contract.
During the hearing the five-judge bench, headed by Chief Justice J S Kehar aksed if 'Qazis' can be asked to include this condition at the time of marriage. On Tuesday, AIMPLB told SC that ‘Triple Talaq’ is a matter of faith being practiced by Muslims for the last 1,400 years and hence the question of constitutional morality and equity did not arise.
Earlier, on Monday, while hearing over Triple Talaq, the government promised the Supreme Court saying that it will come out with a new law to regulate marriage and divorce among Muslims if Triple Talaq is upheld as invalid.
During the last hearing, the apex court had observed that triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal". The apex court has fixed a six-day schedule for hearing, in which three days are available for those challenging triple talaq and three days for those defending it.