Our Correspondent/ New Delhi
The Supreme Court is likely to pronounce its verdict on the constitutional validity of the instant Triple Talaq on Tuesday (August 22).
The a practice has already been described by All India Muslim Personal Law Board (AIMPLB) as “horrendous”, “sinful” and “undesirable” which had no sanction of Holy Quran and Shariat.
The five-judge bench of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S. Abdul Nazeer will pronounce verdict that has been outlawed in many Islamic countries.
The hearing into the matter was rooted in October 16, 2015, order of the top court by which it had directed the separate listing of a PIL addressing the question of the rights of Muslim women.
At the outset of the hearing, the court had made it clear that it would not examine the validity of anything that formed an intrinsic part of Islamic religious practices – thereby ousting any submissions on the Polygamy.
The court had framed three questions to be addressed by all the parties that included whether triple talaq was fundamental to Islam, whether it was sacrosanct to Islam and whether the practice was an enforceable fundamental right.
In the course of the hearing AIMPLB issued an advisory to telling the court Qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikaah.
It said that Qazis all over the country have been instructed that they would while performing Nikah record in the Nikahnama that bride has opted out of triple talaq in one sitting.
The hearing that was spread over five day had commenced on May 12 and concluded on May 18.
The AIMPLB in their affidavit before the court had said, “At the time of performing ‘Nikah’ (Marriage) , the person (Qazi) performing the ‘Nikah ‘ will advise both the Bridegroom/Man and the Bride /woman to incorporate a condition in the ‘Nikahnama’ to exclude resorting to pronouncement of three divorces by him in one sitting.”
“At the time of performing ‘Nikah ‘ (Marriage) , the person performing the Nikaah will advise the Bridegroom /Man that in case of differences leading to Talaq the Bridegroom /Man shall not pronounce three divorces in one sitting since it is “undesirable” practice in Shariat”, AIMPLB had said in its affidavit.
Senior counsel Salman Khurshid, who was assisting the court in the matter had said that “What was sinful in theology, can’t be good in law”.
That the bride has opted out of triple talaq in one sitting would be recorded in the Nikaahnama, AIMPLB had told the court.
Salman Khurshid had told the court that “It (Triple talaq is not only not an essential part of Muslim religion, it is not a part of religion at all. On the contrary it is depreciated by Islam.”
However, the court was not appreciative of the government position that the top court should first pronounce on the constitutional validity of the triple talaq and other forms of talaq, only then it would bring a law.
”We may or may not (decide the issue), but you do”, the Chief Justice Khehar had said when Centre told the court that it should step in a situation where there is no legislation.
While founding its case on gender equality, the Centre had linked the issue of triple talaq with that of constitutional morality.
The court had described the government position as a white wash. “Yours is a white wash way”, the court had told the centre.
As centre sought flag the issue of gender equality of Muslim women vis-a-vis women in other religions and in Islamic countries, AIMPLB asked it to bring a law taking recourse to Article 25 (2)(b) of the constitution that permits enactment of law invoking social reforms.