Will introduce 'law' if SC strikes down Triple Talaq: Centre

The process called'triple talaq, is prohibited in Pakistan and faces legal controversy in India after reports emerged of men divorcing their wives via letters Skype and even Whats App

The practice of triple talaq enables Muslim men to get an instant divorce by uttering the word "talaq" or divorce thrice and is deemed to be sanctioned by the Shariat or Muslim personal laws, which govern their marriage and divorce in the country.

While hearing a few requests documented by Muslim ladies testing the act of triple talaq, the summit court watched that it would look at whether the issue is essential to religion or not.

The AG said also said that if the SC strikes down triple talaq completely then the government will bring a divorce law for Muslims.

Appearing for the All India Muslim Personal Law Board, senior counsel Kapil Sibal told the bench that the "issue is not talaq, the issue is patriarchy" or a state of society which is inherently discriminatory of this or that religion.

A five-judge constitution bench headed by Chief Justice JS Khehar said, "We have to see the test of essentiality and the government has to prove that "triple talaq" is not an essential part of Islam as this will amount to tinkering with religion".

The Attorney General and top law officers speaking to the Central government contending before the five-judge Constitution seat said the pinnacle court ought to hear different cases additionally, other than Triple Talaq.

"Muslim women must have equal rights to property, succession, marriage and it should be non-discriminatory among the women of same class and other communities", Rohatgi said. "The scope of referring had all the three issues that was divorce, nikah halala and polygamy".

On the second day of the hearing last Friday, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the Supreme Court that the controversial Islamic divorce system can not be justified whatsoever.

"There was a discussion that whether Triple Talaq is valid constitutionally".

The cleric further said divorce rates within the community were around 0.5 percent, adding that by 2019, triple talaq cases would become negligible.

Both these practices have also been challenged by petitioners as illegal. To this, the bench had said, "we can not do that".

Earlier in the day, the apex court bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, said it was keeping open the issues of practice of polygamy and "nikah halala" among Muslims for adjudication in future, as the Centre insisted on judicial deliberations on these aspects as well.

The Attorney General argued that many High Courts in the country have given their orders against trip talaq.

Rohatgi pointed out that it was not the apex court's job to interpret a religion and said, "You can not go into essential principle because it is not an ecclesiastical court".

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