The Chief Justice J S Khehar and Justice D Y Chandrachud observed that Muslim custom of Triple Talaq, nikah halala and polygamy are issues that are very prominent and are attached to the feelings of many people. The Supreme Court today declared that from 11th May, a 5-judge Constitution Bench would hear appeal challenging these issues.
Dominant Muslim organisations such as the All India Muslim Personal Law Board have expectedly opposed the court’s arbitration of these issues. AIMPLB mentioned that Triple Talaq is followed from the Holy Quran and were not justiciable.
The apex court had taken into consideration, what’s the reason behind divorce? Are Muslim women facing gender discrimination in the event of divorce? Or this type of practice is done due to other marriages of their husband.
Are Muslim Women In Favor Of Supreme Court?
Several Muslim women have opposed the practice of triple talaq in which the husband prono unces talaq three times in one go and divorces his wife. Sometimes Muslim men even follow this by phone or text message.
Fact, You Should Know About Nikah Halala:
Nikah Halala is a practice followed in Muslim religion, intended to curb incidence of divorce under which a man cannot remarry his former wife if she doesn’t go through the process of marrying someone else, living as a wife and again getting divorced, observing the separation period called ‘Iddat’ and then coming back to the former husband again.
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View Points of Chief Justice J S Khehar and Justice D Y Chandrachud:
A bench including Chief Justice J S Khehar and Justice D Y Chandrachud observed that this is a matter of “sentiments” and a 5 judge constitution bench would adjudicate the issue, which required a deep hearing.
“If we will not decide it now, it will not happen for years and decades”. Surely, for them it is the most critical issue that they want to resolve as soon as possible. They added that the court is open to hearing the matter on even Saturday and Sunday during the summer vacation which would commence from May 11.
However, along with the triple talaq issue, the Chief Justice J S Khehar and Justice D Y Chandrachud also will take into consideration two other cases that can be taken up during the vacation by other Constitution Benches, containing those related to Aadhaar and WhatsApp.
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Attorney General Mukul Rohatgi said that setting up of three Constitution Benches during the vacation will consume the entire vacation.
Responding to AG’s contention, CJI Khehar agve his opinions and said, “If you say you do not want to do it (during vacation) then do not blame us. Last time, I kept on writing the judgements during the whole vacation. We have to work together.”
“If you do not want us to work together, I will be very happy enjoying my vacation but then do not tell us so many years have passed and the matter has not been heard,” the CJI said.
The bench also elucidated that it has covered the issue for hearing from May 11 as all the parties had agreed before it to list the case at the start of the vacation.
“If we start from May 11, we will have hearing on May 12 which is a Friday. If you wish, we can even sit on May 13 and 14 (Saturday and Sunday). After that we will have a whole week for hearing the matter”.
The bench said.”If a time frame can be fixed for National Judicial Appointments Commission case, why it cannot be done in this case? There are sentiments involved in it”
The apex court had earlier believed that it would decide matters related to the legal aspects of the nikah halala, triple talaq, and polygamy practices among Muslims. But it also clarified that it would not deal with the questions that fall under the legislative domain whether relating to divorce under Muslim law or some other issues.
The Centre last year on 7th October opposed in the Supreme Court the practice of triple talaq, nikah halala and polygamy among Muslims and gave the importance to gender equality and secularism.
The All India Muslim Personal Law Board, on 27th March, had told the apex court that appeal opposing practices of triple talaq, nikah halala and polygamy among Muslims were not maintainable as the matter fell outside the territory of judiciary.
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The Board said that the period of Mohammedan Law, set up basically on the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution.
The board had felt the requirement for “judicial restraint” before going into constitutional understanding of these issues unless and until such practice becomes unavoidable.
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