Kapil Sibal Tries to Reopen Triple Talaq Case, SC Turns Him Down

Senior Congress leader and lawyer Kapil Sibal. (File photo: PTI)

Senior Congress leader and lawyer Kapil Sibal. (File photo: PTI)

According to Kapil Sibal, the verdict in the Triple Talaq case did not represent the majority opinion of the bench.


Utkarsh Anand

New Delhi: The Supreme Court on Thursday declined to "clarify" its verdict that had by majority declared instant triple talaq to be un-Islamic and unconstitutional.

Senior lawyer Kapil Sibal, who appeared for the All India Muslim Personal Law Board, mentioned the matter before Chief Justice of India J S Khehar, who had authored the minority ruling in this case with Justice S A Nazeer.

Sibal submitted the final page of order at the end of 395-page judgement does not reflect the majority view of the bench. He wanted further clarifications.

"To our mind, the judgement is clear. There is no need for any clarification," CJI Khehar said.

The court, however, said the counsel can file appropriate application, if he felt so.

The top court's five-judge bench by 3:2 had on August 22 declared the practice of instant divorce by pronouncing talaq thrice at one go as arbitrary and unconstitutional. It also concluded that the practice is not part of Islam.

The majority judgment stated, "Triple Talaq is against the basic tenets of the Holy Quran and consequently, it violates Shariat ... What is held to be bad in the Holy Quran cannot be good in Shariat and, in that sense, what is bad in theology is bad in law as well."

The three separate verdicts totalling 395 pages, written for the majority by Justices Kurian Joseph and RF Nariman, did not concur with the minority view of the CJI and Justice SA Nazeer that 'triple talaq' was a part of religious practice and the government should step in and bring in a law.

The three judges, Justices Joseph, Nariman and UU Lalit, expressly disagreed with the CJI and Justice Nazeer on the key issue whether triple talaq was fundamental to Islam.

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