Can a woman say no to triple talaq: SC asks AIMPLB

Hindu beliefs not questioned Muslim faith is Indian Muslim law board

As Sibal stressed on the point that personal law was a matter of faith and court should not step in, Justice Joseph said: "May be".

Chief Justice of India Jagdish Singh Khehar, who along with four other judges, is hearing a batch of petitions challenging the constitutional validity of triple talaq today suggested senior lawyer Kapil Sibal, representing the AIMPLB that a clause can be added on the nikaahnama to say that the marriage can't be dissolved by the husband by pronouncing instant triple talaq.

The SC asks the AIMPLB if it can aks Qazis to have a model "Nikah Nama"? The court also asked whether a "modern and model nikahnama" could be put in place "to provide for talaq".

He told the bench that they would consider the suggestion in all humility and would look at it.

Supreme Court asked AIMPLB if women can be given the right to decline instant triple talaq.

On the second day of the hearing, 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. "All these three issues are before this court by virtue of the reference order of the two-judge bench", Rohatgi said. It's a matter of faith.

The board also presented before the SC a resolution which said that the practice of triple talaq was a sin and that the Muslim community should boycott those who still follow the practice.

The All India Muslim Majlis-e-Mushawarat, which represents these organisations, had taken this stand, months before the union government had called AIMPLB's affidavit "misogynist" which said that men were superior to women and therefore had the right to irrevocably divorce through the practice of 'Triple talaq'. He asked whether the court should decide the faith of over 16 crore people.

Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally.

"Yes, you should not hear", replied Sibal.

In Tuesday's hearing, AIMPLB counsel Kapil Sibal asserted that the practice of triple talaq can not be termed as "unconstitutional", adding that the top court should not decide or interfere in one's faith and belief.

The Muslim Personal Law Board, instead of getting into a turf war which can erode its control over the community, should have risen to the occasion and responded to the just demands from Muslim women in a positive, reformist spirit. The AIMPLB counsel said the age-old practice was "part of my faith and you can not determine what should be my faith".



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