A five judge Supreme Court constitution bench headed by Chief Justice of India J. S. Khehar will tomorrow pronounce its historic judgment on constitutional validity of triple talaq practiced as Islamic personal law and whether it violates fundamental and human rights of gender equality and dignity of Muslim women.
On October 16, 2015, Supreme Court had questioned if Muslim personal law’s practice of marriage and divorce reduce women to mere chattels. In a rare move, it registered a suo motu PIL to examine if arbitrary divorce, polygamy and nikah halala (where a Muslim divorcee marries a man, divorces him to get re-married to her former husband) violate women’s dignity.
Many Muslim women and organisations joined forces with the court’s initiative. However the Constitution Bench decided to confine itself to examining triple talaq and not polygamy and nikah halala.
On May 18, 2017 the constitution bench had reserved its verdict after six days of continuous hearing. During the hearing the CJI had repeatedly asked “What is sinful in the eyes of god be lawful? If god considers it a sin it can’t be legal. Can it be? We are just asking”.
Read more: SEX RACKET IN THE NAME OF HALALA
Senior lawyer Kapil Sibal is representing from All India Muslim Personal Law Board (AIMPLB) side and in his concluding remarks compared Muslim community to “small birds on which the Golden Eagle preys” and said “community’s nests must have the protection of the Supreme Court”. Sibal added.
Days after the court reserved the case for judgment, Muslim Personal Law Board also filed an affidavit saying it would issue an advisory to Qazis, requesting them to advice the bridegrooms against resorting to triple talaq to annul their marriage. The Board also decided that those who resort to triple divorce in one go leading to the creation of problems thereafter should be boycotted by the Muslims.