New Delhi: A five-judge Constitution Bench of the Supreme Court will hear from Thursday a batch of petitions challenging the constitutional validity of the practices of triple talaq, nikah halala (forms of divorce) and polygamy in Islam.
The bench, sitting in the summer vacation, comprises an interesting combination of CJI J.S. Khehar (Sikh), Justice Kurian Joseph (Christian), Justice Rohinton Nariman (Parsi), Justice Uday Lalit (Hindu) and Justice Abdul Nazeer (Muslim).
With Prime Minister Narendra Modi asking Muslims not to politicise the triple talaq issue, the Centre has maintained that these practices are not protected under the right to religion guaranteed under Article 25 (1) of the Constitution.
It said the fundamental question for determination by this court in this case is whether, in a secular democracy, religion can be a reason to deny equal status and dignity, available to Muslim women under the Constitution.
The All-India Muslim Personal Law Board on Friday justified in the Supreme Court the triple talaq form of divorce and cautioned the court against interference with personal laws in the guise of social reform and bringing in a uniform civil code.
The board said all three utterances of triple talaq are effective and validly terminate the marriage and this is accepted by all the four distinct schools of jurists, namely Hanafi, Shafai, Maliki, and Hanbali.
The board said that though pronouncement of triple talaq is considered to be a sin, it is still a valid and effective form of divorce. In Islamic jurisprudence, many times an irregular or improper nature of an act does not affect the legal consequences of the Act. Though triple talaq is the least appreciated form of terminating a marriage, yet is very much effective and in line with the Shariat law,” the board said.
