SC to examine legal validity of triple talaq' system under Shariat law

New Delhi: The Supreme Court on Wednesday decided to examine the legal validity of the ‘triple talaq’ system under Shariat law, which enables Muslim men to unilaterally exercise the power of divorce.

A divorce through ‘triple talaq’ among the Muslim community is a “very important matter affecting a large section of people” which has to be tested on the “touchstone of constitutional framework”, the Supreme Court said

A bench of Chief Justice T.S. Thakur and Justice A.M. Kanwilkar, which has already sought the assistance of Attorney General Mukul Rohatgi to assist in adjudicating the issue, will also examine to what extent the court can interfere in the Muslim personal laws, if they are found to be violative of the fundamental rights of citizens enshrined in the Constitution.

The bench was hearing a batch of petitions filed by Muslim Women’s Quest for Equality and others seeking a declaration that triple talaq is invalid in law and unconstitutional.

Senior counsels Anand Grover, Indira Jaising, Chadha, Balaji Srinivasan and others submitted that the earlier judgements giving the right to Muslim men to divorce should be revisited. Ms Jaising pointed out that triple talaq is un-Islamic even under the Muslim personal law.

Advocate Farha Faiz, president of Rashtrawadi Muslim Mahila Sangh, questioned the role of All India Muslim Personal Law Board in giving fatwas to Muslim women and deciding on their rights. She said the AIMPLB which is a registered society is successfully governing the community having a fake impression that Muslim personal laws are made by the board. She wanted a direction to restrain the board and the media from debating the issue as such debates would cause disturbance in society. The CJI told counsel “this is an important issue affecting many people. However, we will not be influenced by television debates.”