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Triple Talaq Case: Supreme Court to Deliver Historic Verdict Today

A five-judge constitution bench headed by Chief Justice JS Khehar had reserved its verdict on Triple Talaq May 18 after a six-day marathon hearing during the summer vacation.

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Updated:August 22, 2017, 8:44 AM IST
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Triple Talaq Case: Supreme Court to Deliver Historic Verdict Today
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New Delhi: The Supreme Court will deliver the historic triple talaq verdict on Tuesday.

A five-judge constitution bench headed by Chief Justice JS Khehar had reserved its verdict on May 18 after a six-day marathon hearing during the summer vacation.

During the hearing, the apex court had clarified that it may not deliberate upon the issue of polygamy and said it would only examine whether triple talaq was part of an "enforceable" fundamental right to practice religion by the Muslims.

On the last day of the hearing, the All India Muslim Personal Law Board had submitted before the court that it would issue an advisory to all the Qazis so that an option can be given to the Qazis so that the woman can opt-out of triple talaq before giving her consent for the Nikah.

The five-judge Constitution bench comprises Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.

The matter originated on October 16, 2015, at the order of the top court by which it had directed the separate listing of a PIL addressing the question of the rights of Muslim women.

The court on the first day had stated that the matter only pertained to the constitutionality of Triple Talaq and it would check whether the practice forms an essential part of the religion or not.

Justice Khehar had, on the fifth day of the hearing, asked the counsel of respondents in the court to show where Talaq-e-Biddat or instant talaq was mentioned in the Holy Quran.

The Central government, while presenting its case, had told the bench that it will come out with a law to regulate marriage and divorce among Muslims if 'triple talaq' is held invalid and unconstitutional by the apex court.

The government had termed all the three forms of divorce among the Muslim community - talaq-e-biddat, talaq hasan and talaq ahsan, as "unilateral" and "extra-judicial".

It has said that all personal laws must be in conformity with the Constitution and rights of marriage, divorce, property and succession has to be treated in the same class and has to be in conformity with the Constitution.

The Centre had said 'triple talaq' is neither integral to Islam, nor a "majority versus minority" issue but rather an "intra-community tussle" between Muslim men and deprived women.

Senior advocate Kapil Sibal, appearing for All India Muslim Personal Law Board (AIMPLB), had equated the issue of 'triple talaq' with the belief that Lord Ram was born in Ayodhya and these were matters of faith which cannot be tested on grounds of constitutional morality.

He had argued that triple talaq has been there since 637 AD and cannot be termed as un-Islamic as Muslims have been practising it for last 1,400 years.

Sibal had said that either Parliament can enact a law or it should be left to the community itself to deal and the court should not interfere on the issue.

(With agency inputs)

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