New Delhi: Right before the Supreme Court's five-judge bench led by Chief Justice of India JS Khehar concluded triple talaq hearing on Thursday, Kapil Sibal, appearing on behalf of the All India Muslim Personal Law Board, informed the bench that the board has decided that a clause will soon be incorporated in the Nikahnama, whereby a woman can reject the option of being divorced by talaq-e-biddat or instant talaq.
“We had a meeting on Wednesday and we have decided that this clause will be incorporated in the Nikahnama and a woman can now reject the option of being divorced in an instantaneous manner. The Qazis all over India will be intimated about it too,” said Sibal, adding that an affidavit in this regarded will be submitted to the Supreme Court registry, highlighting the authenticity of the claim.
Sibal, who submitted his last arguments, pointed out that to interfere with triple talaq, there needs to be a legislation under Article 25(2)(b), and unless there is a legislation all practices will stand protected under Article 25(1) of the Constitution.
“Unless there is a law on the basis of social reform, there can be no challenge to this. It is after a law that the court can determine whether it is Constitutional or not. In the absence of a legislation, your Lordships can not determine the matter in a vacuum,” submitted Sibal.
To this, Sibal retorted that there were a lot of sinful activities in the society and the court was not here to determine “what is sinful and what is not. The court should not look into it,” said Sibal.
“I don’t want to refer to Quran for Islam. Islam comprises of everything that is Quran, Hadeeth, Ijma, etc,” said Sibal.
However, Indira Jaising, on the other side, appealed the judges that the argument of “slippery slope” should not be entertained. “It might be a slippery slope, but your Lordships have to walk the razors’ edge without falling on either of the sides,” said Jaising.