Whether the controversial Islamic practice that allows men to leave their wives immediately by stating "talaq" (divorce) three times should be banned will be decided by five judges of the Supreme Court tomorrow. The order is expected to be out by 10:30 am today. The government says triple talaq should go as it violates the constitution and strips women of dignity.
On 9 May, the Allahabad high court held that the practice of triple talaq was unconstitutional and violative of basic human rights of Muslim women. It had accused the Supreme Court of trying to indulge in judicial legislation in the name of "socially reforming" Islamic practices of marriage and divorce.
Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of "triple talaq" with the belief that Lord Rama was born in Ayodhya and these were matters of faith which can not be tested on grounds of constitutional morality.
A five-judge constitution bench headed by Chief Justice J.S. Khehar had reserved its verdict on May 18 after a six-day marathon hearing.
Spearheading the campaign to end triple talaq or polygamy in the Muslim society is Zakia Soman, the 50 plus co-founder of Bhartiya Muslim Mahila Andolan (BMMA, the other founder of which is Noorjehan Safia Niaz). The court will also decide if triple talaq has led to violations of fundamental rights of women.
The apex court had said it was keeping open for adjudication in the future the issues of polygamy and "nikah halala" among Muslims as the Centre had insisted deliberations on these aspects as well. On the same day, AIMPLB said the Board has made a decision to issue a code of conduct and warned that those who give Talaq (divorce) without Sharia (Islamic law) reasons will face social boycott.
The ruling will have far-reaching impact in reforming the Muslim personal law as it may steer towards putting an end to the arbitrary practice that has drawn widespread criticism over the years for being discriminatory to women.
3 Even theocratic states have undergone reforms, reinforcing that the practice can not be considered an integral part of Islam.
It had also said that the issue of polygamy and "nikah halala" would be kept pending and would be dealt with later.
According to PTI, the SC bench also asked the Chief Justice of India to set up an appropriate bench to examine if Muslim women face gender discrimination in cases of divorce.
During the course of hearings, the top court had observed that the practice of triple talaq was the worst and not a desirable form of dissolution of marriage among Muslims, even though there were schools of thought terming it as legal.
It is a five-judge bench.
The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice.
Triple Talaq verdict Live: The Supreme Court, while deliberating the matter had heard several pleas and petitions filed by Muslim women. However, the next day, AIMPLB argued that Triple Talaq is a 1,400-year-old practice, and constitutional morality and equity can not arise when a matter of faith is concerned.