Supreme Court asks if women can have option to refuse triple talaq
The apex court asked AIMPLB if women can be given this option when the nikahnama is executed; The bench also asked if qazis can be asked to include this condition
Yesterday was the fifth day of the hearing on petitions challenging triple talaq. File Picture
The Supreme Court yesterday asked the All India Muslim Personal Law Board (AIMPLB) whether a woman can be given an option of saying 'no' to triple talaq at the time of execution of 'nikahnama' (Islamic marriage contract).
A five-judge Constitution bench headed by Chief Justice J S Khehar also said if all 'Qazis' can be asked to include this condition at the time of marriage.
"Is it possible that Muslim women are given an option to say 'no' to triple talaq at the time of execution of nikahnama," asked the bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer.
While seeking response from former Union Minister and senior advocate Kapil Sibal, representing AIMPLB, the bench said, "Don't infer anything from our side."
Yesterday was the fifth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and 'nikah halala' which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsi, Hindu and Muslim.
On Tuesday, the law board had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya, saying these were matters of faith and cannot be tested on grounds of constitutional morality.
NCW could submit opinion
The National Commission for Women said it was ready to submit its opinion on abolition of triple talaq if the Supreme Court asked for it.
"As such NCW is against triple talaq.. It should go and it should be abolished," NCW member Rekha Sharma told reporters in Coimbatore to a question whether it (NCW) will offer its opinion on the issue if the apex court asked.
Sharma said many women had suffered and continued to suffer due to this practice and that is why NCW wanted it to be done away with.
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