Can women be given option of saying no to Triple Talaq: SC to AIMPLB

The Supreme Court (SC) on 17 May 2017 asked the All India Muslim Personal Law Board (AIMPLB) that whether a woman can be given option to deny Triple Talaq at the time of execution of ‘Nikahnama’ – the Islamic marriage contract. Moreover, the Supreme Court also asked that if ‘Qazis’ can be asked to include this condition at the time of marriage. The questions were raised by a five-judge Constitution bench headed by Chief Justice J S Khehar on the fifth day of the hearing on petitions challenging Triple Talaq, Polygamy and ‘Nikah Halala’.

On 16 May 2017 hearing of the Triple Talaq case, AIMPLB told the Court that triple talaq is a matter of faith being practiced by Muslims for the last 1400 years and hence the question of constitutional morality and equity did not arise. It also equated the Muslim’s belief of triple talaq with the Hindu belief that Lord Rama was born at Ayodhya. It was also asserted that the source of talaq can be found in Hadith.

The five-member bench of the Supreme Court of India on 11 May 2017 began hearing the pleas and final arguments over the constitutionality of the Islamic practice of Talaq. The bench heard seven petitions with the lead petition titled as ‘Quest for Equality vs Jamiat Ulama-i-Hind’. Other six petitions were filed by Khuran Sunnath Society, Shayara Bano, Aafreen Rehman, Gulshan Parveen, Ishrat Jahan and Atiya Sabri.

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