The constitutional bench of Supreme Court is hearing pleas challenging triple talaq in India. During the second day of hearing, Amicus Curiae Salman Khurshid submitted that triple talaq is abhorrent but sinful in Shariyat.
To which, the SC observed, saying that how it could be part of Shariyat when it is sinful.
“Something which is sinful can it be Shariyat? Can anything sinful be taken as ordained by God and made a law by men?” the Apex court observed.
The Supreme Court said 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”.
The high-profile hearing on a batch of petitions challenging the constitutional validity of triple talaq will continue after the lunch break.
Here is what happened during the hearing (pre-lunch):
The court asked Salman Khurshid to produce a list of countries where the practice of triple talaq has been abolished.The bench was then informed that countries like Pakistan, Afghanistan, Morocco and Saudi Arabia do not allow triple talaq as a form to dissolve marriages.
There are “school of thoughts (which) say that triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims,” a five-judge constitution bench, headed by Chief Justice J S Khehar, said on the second day of continued hearing on the matter.
The apex court also asked for a list of scholars from the four different sects of Islam, to take in their opinion on the matter.
The SC enquired if triple talaq is an innate part of Islam or is it a custom/tradition. On this, Salman Khurshid replied that it is only in India that there is a custom of Triple Talaq as it has not been abolished due to political reasons. It will be better if the custom of triple talaq is converted to the singular procedure.
CJI observed that there is no mutual consent in Triple Talaq. Art 15 of constitution talks about State law, we are on personal law here
R Jethmalani told SC that Triple Talaq is a method of terminating marriage contract which lies only with men but not with women.
“The right of triple talaq is available only to the husband and not to the wife and it breaches the Article 14 (Right to Equality) of the Constitution,” Jethmalani said.
“There is no saving grace for this method of granting divorce. One-sided termination of marriage is abhorrent, and hence, avoidable,” he said.
“Triple talaq makes a distinction on the ground of sex and this method is abhorrent to the tenets of holy Quran and no amount of advocacy can or will save this sinful, repugnant practice which is contrary to the constitutional provisions,” he added.
No law can allow a wife to become an ex-wife “at the fancy of the husband” and it is “the highest kind unconstitutional behaviour”, Jethmalani said.
Ram Jethmalani appearing for Forum for Awareness of National Security told SC that Triple Talaq is breach of Article 14, Right to Equality
Triple talaq is the "worst and undesirable form" of dissolution of marriage among Muslims. However, different schools of thoughts in Islam term triple talaq as "legal": SC
Justice Kurien Joseph asked how could a sin be valid in laws made by humans
Why is it banned in other Islamic, non-Islamic countries but still in practice in India, asks apex court
Something which is sinful can it be Shariyat? Can anything sinful be taken as ordained by God and made a law by men? the Apex court observed
# 11:47 AM
Salman Khurshid is arguing in Triple talaq issue, assisting SC in says, AIMPLB takes a stand that triple talaq is abhorrent yet valid. According to AIMPLB triple talaq is sinful but valid in law
# 11:45 AM
Justice R Nariman observed, one should see difference between theory and practicality at present context in connection with Nikah and Talaq in Islam
# 11:39 AM
5 judge-bench headed by CJI started hearing arguments from Salman Khurshid, who is arguing on his personal capacity
Here is what happened on Thursday:
The Supreme Court on Thursday made clear that it will not hear polygamy issue in the triple talaq case. The Apex Court began hearing on a batch of pleas challenging the constitutional validity of 'triple talaq' and 'nikah halala'.
The court said that the arguments on Triple Talaq will continue for six days and allotted two day to each party to submit their arguments while single day is allotted to both parties to reply questions of either side.