SC to hear petitions against triple talaq from May 11

Satya Prakash

Tribune News Service

New Delhi, March 30

The Supreme Court on Thursday fixed May 11 during the summer vacation to commence Constitution Bench hearing on petitions challenging the practices of triple talaq, nikah halala and polygamy among Muslims.

A Bench headed by Chief Justice of India JS Khehar said if needed the Constitution Bench hearing could continue even on Saturday and Sunday falling after May 11 and 12.

The CJI asked the parties which have not filed their written submissions to do it in two weeks. 

Two other Constitution Benches on issues relating to citizenship of children of illegal Bangladeshi migrants and alleged privacy violation by WhatsApp will also be heard during the summer vacation, besides the one that generally hears urgent matters.

The top court – which is hearing a batch of petitions challenging triple talaq, polygamy and nikah halala – has already made it clear that it would not look into the Uniform Civil Code which is currently being examined by the Law Commission of India.

All India Muslim Personal Law Board (AIMPLB) had on March 27 defended the practices of triple talaq, polygamy and nikah halala, saying the Supreme Court cannot consider the constitutional validity of the principles of Muslim Personal law.

In an affidavit filed in the top court, AIMPLB said these issues were matters to be dealt with by the legislature.

On triple talaq, it said: “Once three pronouncements of divorce are made, the marriage dissolves and the woman becomes unlawful or haram to the man who had pronounced divorce.”

Defending polygamy AIMPLB said: “Polygamy meets social and moral needs and the provision for it stems from concern for women. The policy of Islam is to discourage polygamy but not to prohibit it. Islam encourages monogamy but does not make it mandatory.”

The Centre had on February 16 asked the Supreme Court to decide if these practices were protected under Article 25(1) of the Constitution that guaranteed fundamental right to religion to citizens.

It had also asked the top court to consider if fundamental rights, particularly right to equality and right to live with human dignity, were superior to right to religion — often invoked by conservative Muslim groups to justify such practices that have inherent gender bias against women.

Triple talaq or ‘Talaq-e-biddat’ refers to pronouncing the word talaq thrice in one sitting while 'nikah halala' permits a man to remarry the woman he divorced only after she has married someone else; the marriage has been consummated with that man and then she has been divorced or widowed.

Polygamy allows a Muslim man to take four wives.

Many Muslim women and Muslim groups have challenged these practices on the ground that these violated their fundamental right to equality, right to non-discrimination and right to live with human dignity.