Supreme Court Holds Decision on Triple Talaq

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On Thursday, the Supreme Court held its decision about the validity of the triple talaq. Triple talaq is the practice where a Muslim man, by uttering the word “talaq” three times can unilaterally divorce his wife. The SC heard pleas challenging its validity and gave the date of May 11, 2017, for its judgment. It also said that a bench will be formed, which will hear the matter and give the decision.

The SC in the past had said that the practices like triple talaq which were ‘fundamental traits’ of minority religions and hence it needs to examine and tread carefully. While the SC reserved judgment, the All India Muslim Personal Law Board (AIMPLB) argued that the court cannot intervene in the personal law and had no jurisdiction to strike down any personal laws.

This move by the SC was initiated after several Muslim women from different sections of the society reached out to the court about the polygamy and to strike down the triple talaq. The AIMPLB called this move ‘un-Islamic’ and that the petitions filed by Muslim women against the practices were misconceived.

In an affidavit filed, the AIMPLB said to the court, “The preamble of the Constitution clearly enshrines values of liberty of thought, expression, belief, faith, and worship.” The Court defended itself saying, that their intervention was so as to save the family from delayed justice and public humiliation.

The board then presented an argument that the base for polygamy evolved when the first wife could not conceive a child, and to forward their name the man can have a ‘mistress’ or second wife. The Government responded to this argument and said that this practice left the first wife, socially, emotionally and financially vulnerable and hence cannot be legal. The SC also asked that if men were allowed to have a mistress, what would the woman do if her husband cannot produce children, to which the board is yet to give an answer.

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