Triple Talaq Worst & Undesirable Form of Marriage Dissolution: SC

The bench will hear the case over a period of days and will rule on the matter by the end of the sixth day.

According to Muslim personal law based on the Sharia, a Muslim man can divorce his wife by pronouncing talaq thrice. (Photo: The Quint)

Triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among Muslims even though some schools of thought consider the practice "legal", the Supreme Court observed on Friday.

The second day of the hearing on the matter also saw two veterans of their respective fields, senior advocate Ram Jethmalani and former Union Minister and Islamic scholar Arif Mohammad Khan, come out all guns blazing against the practice of triple talaq.

During the hearing, a five-judge constitution bench headed by Chief Justice JS Khehar said there are "school of thoughts (which) say that triple talaq is legal, but it is the worst and not a desirable form for dissolution of marriages among Muslims".

Abhorrent Yet Valid: Salman Khurshid on Triple Talaq

The SC made the remark after former law minister and senior advocate Salman Khurshid, who was arguing the case in his personal capacity, told the bench that the stand of various schools of thought and that of the All India Muslim Personal Law Board (AIMPLB) on triple talaq was “abhorrent” yet valid. 

Chief Justice Khehar, in response to Khurshid’s statement, questioned him how something that is considered abhorrent in Islam can be made lawful.

Justice R Nariman observed that one should see the difference between theory and practicality in the present context in connection with both ‘nikah’ (marriage) and ‘talaq’ in Islam.

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Jethmalani, appearing for a woman who had been given triple talaq, was blunt in his arguments and assailed the practice on various constitutional grounds, including the right to equality.

Triple talaq makes a distinction on the ground of sex and this method is abhorrent to the tenets of the holy Quran and no amount of advocacy can or will save this sinful, repugnant practice, which is contrary to the constitutional provisions.

Ram Jethmalani, Senior Advocate

No law can allow a wife to become an ex-wife "at the fancy of the husband" and it is "the highest kind of unconstitutional behaviour", Jethmalani said.

Shariat Law Has Been Distorted: AIMWPLB Representative

Arif Mohammad Khan, who had quit then PM Rajiv Gandhi's Cabinet over differences in handling the Shah Bano case, was at his best while representing the All India Muslim Women Personal Law Board.

He said the whole Shariat has been distorted, adding:

Shariat is the Holy Quran and not the opinion of these people (clerics). The Holy Quran considers the importance of family and it provides four steps before pronouncement of divorce. Triple talaq is far from being fundamental and very far from being sacramental to Islam. It violates every good thing which Islam prescribes. What we are seeing in the form of triple talaq is similar to the pre-Islamic era practice where female infants were buried alive.

The Quran has laid down the procedure for divorce but various schools of thought have distorted the tenets of the holy book "to their liking", he said.

The SC wanted a list of countries that considered triple talaq legal and specifically asked for Saudi Arabia’s stand.

The bench was then informed that countries like Pakistan, Afghanistan, Morocco and Saudi Arabia do not allow triple talaq. The bench further sought to know the reason for this.

The five-judge bench will hear the case over the next six days and will rule on the matter by the end of the sixth day.

(With inputs from PTI.)

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