Supreme Court to continue hearing Triple Talaq case today

New Muslim divorce law if triple talaq is struck down, government tells Supreme Court

Rohatgi told the bench that if they struck down triple talaq, as well as Nikah Halala and polygamy, the government would draft and institute a new law.

Asking the court not to interfere with triple talaq as it was also a matter of faith which the community has practised for 1,400 years since the birth of Islam, senior counsel Yusuf Hatim Muchchala said that though permissible, triple talaq "is a sin and undesirable act, we are trying to educate people" but "it will take some time".

Nikah halala allows a woman to go back to her husband but only after she marries someone else, consummates the marriage and gets a divorce.

Muslim women in India have demanded a ban to triple talaq with several women petitioning the nation's top court, the Supreme Court, to overturn the practice. "It is better that the bench deals with all three", the AG said.

Men can declare talaq - or divorce - at any point in a marriage and do not need approval form the court.

In December past year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice "unconstitutional".

Justice Rohinton Nariman asked Sibal, "You mean to say that we shouldn't hear the matter?"

He also added that triple talaq is in existence since 637.

Interestingly, Sibal said that any interjection or reform should come from within the community, and not via a court intervention, as it's discriminatory and encroaches into personal laws and matters of faith.

Even bigger blunder by Sibal on day four of the triple talaq hearing in the Supreme Court was when he said "triple talaq can not be tampered with as it's something the Qura'n is silent about".

He said personal laws cannot be tested on the touchstones of fundamental rights under Article 13, 14 (right to equality), 15 (prohibition of discrimination) and 21 (right to life) and no one can come to the court saying that this practice is discriminatory and so strike it down. For arguments, Supreme Court gave first three days to those in opposition of Triple Talaq and next three days to those who favor it. AIMPLB and other parties have two days left before the Supreme Court comes to a conclusion.

To this, the bench said then the government will say "Mr Reformist this is not your domain, you have to be within your limit". He said the term "constitutional morality" includes secularism, dignity and non-discrimination.

The Board had even taken a freaky ground that if triple talaq was discontinued, a Muslim husband may even murder his wife to get rid of her. Triple talaq is contrary to equality, gender equality and human rights. But we are not here to tinker with religion, tenets of religion and religious practices.

"Triple talaq is unlawful".

The bench is headed by Chief Justice of India Justice J S Khehar and has four other senior judges.

On Friday, the bench called the practice of triple talaq the "worst" and "not desirable" form of dissolution of marriages among Muslims.

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