New Delhi, May 17: The Supreme Court on Wednesday asked the All India Muslim Personal Law Board (AIMPLB) whether a woman can be given an option of saying ‘no’ to triple talaq at the time of execution of ‘nikahnama. The bench headed by Chief Justice of India JS Khehar also said if all ‘Qazis’ can be asked to include this condition at the time of marriage.
“Is it possible that Muslim women are given an option to say ‘no’ to triple talaq at the time of execution of nikahnama,” asked the five-judge bench also comprising Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer.
Sibal opposed taking up the case suo moto and said, “It is as if every member of the community wakes up in the morning and does it.” Ending his argument on an emotional appeal, Sibal said, “For 67 years, faith of people in this Court has been fundamental.”
On Tuesday, Sibal told the court that if Ayodhya is a matter of faith, then it is same for triple talaq. Resuming his submission in the Supreme Court, Sibal said, “That Ram was born in Ayodhya is a matter of faith, not Constitutional morality; same in this case. It is not a question of equity and good conscience, it is a question of faith. You cannot bring Constitutional morality.”
Sibal asked how can the practice be termed un-Islamic. “It is a 1400-year-old practice..who are we to say it is unislamic?” Sibal asked.
The Central government had told the court that it will bring a law to regulate marriage and divorce among Muslims if triple talaq is held invalid and unconstitutional by the court. “If the practice of instant divorce (triple talaq) is struck down by the court, then Centre will bring a law to regulate marriage and divorce among the Muslim community,” Attorney General Mukul Rohatgi told the court.
Today is the fifth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and nikah halala which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsee, Hindu and Muslim.
With inputs from PTI