Centre will bring in law if SC bans triple talaq

Hours Before Historic SC Hearing on Triple Talaq 'Victims&apos Pray For Justice

Sibal was referring to the AG's statement in the court on Monday where he assured that a new divorce law for Muslims would be in place, if triple talaq is struck down.

"If we accept that giving unfettered rights to a husband is bad and we strike down triple talaq, then where will Muslim men go for divorce", asked Justice Uday Umesh Lalit who, along with the CJI, Justice Kurian Joseph, Justice Rohinton Fali Nariman and Justice S. Abdul Nazeer are on the constitution bench.

"The scope of reference had all the three issues, that is divorce, nikah halala, polygamy".

A five-judge constitutional bench of the top court is hearing the issue which has been raised in the form of a petition by several organisations.

Citing limited time, the bench said it would focus on the validity of triple talaq, leaving other two issues for a later date.

The Bench has to test them on the touchstone of the fundamental rights of gender equality, gender justice, gender discrimination, human rights, and dignity under Articles 14, 15, 21 and 51A of the Constitution.

Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally.

The board has asserted that a practice which is being followed for 1,400 year cannot be termed as un-Islamic. "Then how can we call it un-Islamic?" questioned Sibal.




"Triple talaq has been there since 637 AD".

The court had said on Thursday it would only look into triple talaq. The Attorney-General said all three forms of triple talaq - talaq-e-biddat, talaq hasan and talaq ahasan - are "unilateral, extrajudicial, unequal" and have to be struck down.

But the bench said: "Tenets of religion can not be tested on any ground. Hence since it is not law as per Article 13, it does not attract the drill of the fundamental rights", he said.

"All personal laws must be in confirmity with the Constitution".

Additional Solicitor General Tushar Mehta said that AIMPLB should apologise for justifying triple talaq by saying that men have greater strength to control their emotions. Immediately after a few years of the death of Prophet Muhammad, the companions of Prophet Muhammad talked about triple talaq.

He said the Muslim Personal Law (Shariat) Application Act, 1937, was brought with an intention to ensure that unlike Hindu women, their Muslim counterparts get property rights and it did not codify the Shariat law.

Many Muslims women have shown their views and they had opposed the practice of triple talaq as several pleas were filed by Muslim women challenging the practice of triple talaq, on hearing it the apex court has made a decision to observe that whether the issue is fundamental to religion or not.

To this, the bench insisted that the government has to first prove that this practice of triple talaq was not essential to Islam and only then can it delve further into other aspects. Muslims are practising it for last 1,400 years.

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