SC reserves verdict on triple talaq

Chief Justice J S Khehar is heading five judge bench on the issue

"That is up to the judges. We can't say when the court will pronounce its judgment", Khurshid told ANI.

"I have suggested that this harmonising effort has to be undertaken". They said such an advisory would have little effect on the ground.

Sibal insisted that triple talaq is a part of personal laws of the community and gets protection from the court's scrutiny.

Deviating from the Muslim Personal Law Board's opinion, Khurshid said one can not contract out of faith, just like one can not legislate out of faith.

He countered arguments by Muslim bodies that triple talaq was essential to religion.

What is worse is that the AIMPLB in its affidavit to the Supreme Court took up positions that sound not just obscurantist, but also outrageous.

Covered in a hijab, the Muslim woman, creating a scene at Kichha police, said, "What is the use of spending whole life with a man who can at any point of time desert his wife by saying Talaq, Talaq, Talaq?"

Addressing the constitution bench, AIMPLB's senior counsel Kapil Sibal said he had a meeting with the Board members on Wednesday (May 17) and they have chose to issue an advisory to all the Qazis across the country.

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The board also showed the court a resolution passed on April 14, 2017, which stated triple talaq as a sin and that the community should boycott the person doing such an act. If she registers her protest, it will be placed as a condition in the nikaah nama that will bind both parties to the marriage, Sibal said. "Parliament can interfere, it can make a law", replied Sibal. "I think the best place to solve this is the court, which is the custodian of Constitutional and fundamental rights", argued the counsel, adding that the practice is not protected under Article 25 of the Constitution. Probably, he was well aware of the origin, practice and prevalence of triple talaq among Muslims in India and overseas. Sibal asked the apex court.

The All India Muslim Personal Law Board (AIMPLB) appears to be tripping all over itself in responding to the growing momentum in favour of outlawing triple talaq.

"Which among these had been struck down by the court of law?" The hallmark of a secular court is to start reform without waiting for a legislation.

CJI J S Khehar and Justices Kurian Joseph, R F Nariman and U U Lalit freely engaged the counsel seeking clarifications on doubts over religious practices and customs of the Muslim community, but Justice Nazeer had no question to ask.

Women can opt out of triple talaq: AIMPL The All India Muslim Personal Law Board on Thursday told the SC that it has chose to issue an advisory to Qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikaah. The contradiction wasn't lost to the SC which asked how God can ordain a "sinful practice". "Substantiating my view with reasons and examples, I asserted that it can not be justified and can not be given law's validation", Khurshid said during the hearing.

The call to banish triple talaq should not be perceived as an attempt by the Hindu majority to "swamp or dominate" the Muslim minority, the NDA government told the Supreme Court on Wednesday.

The All India Muslim Personal Law Board (AIMPLB) is ready to grant Muslim women the choice to opt against triple talaq at the time of nikah.

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