Will enact law for Muslims if SC bans triple talaq

New Muslim divorce law if triple talaq is struck down, government tells Supreme Court

"The scope of referring had all the three issues that was divorce, nikah halala, polygamy".

On the second day of the hearing last Friday, senior Congress pioneer Salman Khurshid, who is the amicus curiae in the matter, said under the watchful eye of the Supreme Court that the dubious Islamic separation framework can't be legitimised at all.

"The issue is not talaq, the issue is patriarchy that is part of every religion", he argued.

Rohatgi's submission came when the court asked him what are the remedies for a Muslim man to come out of a marriage if such practices are struck down.

Former Minister Arif Khan stated that the practice, far from being fundamental to Islam, violates the Quranic mandate.

The AG asked the bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer to make it clear that the issues of polygamy and "nikah halala" are still open and would be dealt by other bench in future. The All India Muslim Personal Law Board has promised reforms in personal law but opposed a blanket ban on the practice.

"There was a talk that whether Triple Talaq is legitimate unavoidably". He submitted that even if talaq was an essential part of religion and protected under Article 25, the practice still had to be constitutionally moral.

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But even personal laws must not flout the Constitution, which grants equal rights to all, the Centre told a bench that's examining the legality of triple talaq - under which a Muslim man can divorce his wife by saying "Talaq" thrice.

The apex court has to test them on the touch-stone of the fundamental rights of gender equality, justice, dignity, gender discrimination and human rights under constitutional provisions, including Articles 14, 15, 21 and 51A. But once marriage and divorce is separated from religion, in this case under Section 2 of the 1937 Act, these practices of talaq no more enjoy the protection of Article 25 (freedom of religion) of the Constitution.

Supporting his stance, Shaista Amber, President of the All India Muslim Women Personal Law Board (AIMWPLB) said Muslim Personal law was a way of life, and those misusing its teachings should be punished.

Furthermore, Shaista, while drawing upon secularism in India, said the Muslim women would continue to abide by the Shariyat law, adding that the apex court would surely take religious sentiments and teachings of the Quran into account before pronouncing the verdict.

At the outset of the hearing, the attorney general urged the court to examine not only the validity of triple talaq, but also that of the Nikah Halal and polygamy. "It's a matter of faith", Sibal told the apex court bench.

"Triple talaq is going on since 1,400 years, how can you say it is unconstitutional?"

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