Supreme Court reserves verdict over Triple Talaq Case

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Is it because of his awareness of the origin, practice and prevalence of triple talaq among Muslims in India and overseas or, were there other reasons behind his silence? "We can't say when the court will pronounce its judgment", Khurshid told ANI.

Triple talaq case: The All India Muslim Personal Law Board (AIMPLB), on May 18 informed the Supreme Court that it would soon allow a provision that allows women to say to "triple talaq" in their nikahnama (marriage contract).

What is worse is that the AIMPLB in its affidavit to the Supreme Court took up positions that sound not just obscurantist, but also outrageous.

Triple Talaq is a form of oral divorce among Muslims in India where the husband declares his intent to divorce his wife by speaking the word "Talaq" or "I divorce you" three times.

That the bride has opted out of triple talaq would be recorded in the Nikaah Nama, the court was told. On Thursday, the AIMPLB readily accepted the suggestion and said it would pass a resolution to that effect, and send a model nikahnama incorporating this, alongside an advisory to the effect, to qazis, religious officials who preside over Muslim marriages.

A five-judge Constitution bench heard the issue for six days.

With the Centre linking the issue of triple talaq with that of constitutional morality, AIMPLB wondered why was the Centre shying away from enacting a law to curb the practice by taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of a law invoking social reforms.

"Testing the validity of customs and practices is a slippery slope", Mr Sibal said.

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Sibal further argued that just like the Hindus' faith about Rama's birth at Ayodhya can not be questioned, similarly Triple Talaq which is also a matter of faith for Muslims should not be questioned.

"The government will come out with the law to regulate marriage and divorce among Muslims if the court holds Triple Talaq as invalid", Attorney General Mukul Rohatgi told the bench.

However, the top court said that they have a limited time, so all the matters could not be covered at present.

"That is why, what is sinful can not be part of practice".

"There was a discussion that whether triple talaq is valid constitutionally".

The cornered Muslim Board on Wednesday told the Supreme Court that it has made a decision to issue a circular to all qazis across the country that while finalising "nikahnama" (marriage contract) they must take an undertaking from the husband that he will not give triple talaq to his wife.

He said the court should look into the background of the making of the Indian Constitution.

While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex court earlier observed that it would examine whether the issue is fundamental to religion or not.

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