Triple Talaq a matter of faith for last 1,400 years, Supreme Court told | Mint
Active Stocks
Fri Feb 23 2024 15:58:13
  1. Tata Steel share price
  2. 145.50 -0.24%
  1. State Bank Of India share price
  2. 759.40 -0.86%
  1. HDFC Bank share price
  2. 1,420.90 0.08%
  1. NTPC share price
  2. 337.70 -0.54%
  1. ITC share price
  2. 411.60 -0.65%
Business News/ Politics / Policy/  Triple Talaq a matter of faith for last 1,400 years, Supreme Court told
BackBack

Triple Talaq a matter of faith for last 1,400 years, Supreme Court told

All India Muslim Personal Law Board says triple talaq is a 1,400-year-old practice, and constitutional morality and equity cannot arise when a matter of faith is concerned

Supreme Court clarifies that it will only examine the triple talaq case, and keep the remaining issues open. Photo: MintPremium
Supreme Court clarifies that it will only examine the triple talaq case, and keep the remaining issues open. Photo: Mint

New Delhi: The All India Muslim Personal Law Board (AIMPLB) on Tuesday defended the practice of triple talaq before the Supreme Court.

“Triple talaq is a 1,400-year-old practice. (Questions of) constitutional morality and equity cannot arise when a matter of faith is concerned," senior advocate Kapil Sibal, appearing for the AIMPLB, argued in court.

Sibal said the Muslim community itself does not agree with the practice of instant triple talaq (as opposed to pronouncing talaq in three separate events within a 99-day period).

“The reform has to come from within the community, (it) cannot be forced by the courts," he said.

ALSO READ: The case against triple talaq

A five-judge Constitution bench comprising Chief Justice J.S. Khehar, and justices Kurian Joseph, Rohinton F. Nariman, U.U. Lalit and Abdul Nazeer, is hearing a batch of petitions challenging the Muslim practices of triple talaq, nikah halala and polygamy under Muslim personal law. Nikah halala requires a female divorcee to marry someone else, consummate the marriage and then get a divorce to remarry her previous husband.

The apex court on Monday clarified that it will only examine the triple talaq practice, under which a Muslim man can divorce his wife by uttering the word “talaq" thrice, and keep the remaining issues open.

The government had asked the court to examine all the issues and said it would bring in a new law to regulate marriage divorce among Muslims if all forms of triple talaq are declared unconstitutional.

Constitutionally, Muslims and other minority religions are allowed to regulate matters such as marriage, divorce and inheritance through their own civil codes.

The case will be heard next on Wednesday.

Unlock a world of Benefits! From insightful newsletters to real-time stock tracking, breaking news and a personalized newsfeed – it's all here, just a click away! Login Now!

Catch all the Politics News and Updates on Live Mint. Check all the latest action on Budget 2024 here. Download The Mint News App to get Daily Market Updates & Live Business News.
More Less
Published: 16 May 2017, 11:51 AM IST
Next Story footLogo
Recommended For You
Switch to the Mint app for fast and personalized news - Get App