May 11, 2017 8:38 PM

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Triple talaq hearing: SC will examine whether the practice is fundamental to religion

The Supreme Court today made it clear that it would examine whether the practice of triple talaq among Muslims is fundamental to their religion as it began hearing petitions challenging the practice.<br/><br/>A five-judge bench headed by Chief Justice J S Khehar said it would look into the aspect whether triple talaq is part of an "enforceable" fundamental right to practice religion by Muslims.<br/><br/>The bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, however, said the issue of polygamy among Muslims may not be deliberated upon by it, as this aspect is unrelated to triple talaq.<br/><br/>The bench is hearing seven petitions, including five separate writs filed by Muslim women challenging the practice of triple talaq prevalent in the community. The petitions claim that triple talaq is unconstitutional.<br/><br/>The pleas have also challenged the constitutional validity of other practices like 'nikah halala' and polygamy among Muslims. The bench is taking up the main matter on its own as a petition titled 'Muslim Women's quest for equality'.<br/><br/>The apex court gave each side two days each for canvassing their arguments on the questions formulated by the bench and one day will be given for the rebuttal. The apex court also made it clear that it would stop any counsel who will repeat the arguments.<br/><br/>The apex court had on its own taken cognizance of the question whether Muslim women faced gender discrimination in the event of divorce or due to other marriages of their husbands.<br/><br/>The hearing assumes significance as the apex court has decided to hear the case during the summer vacation and is likely to sit on Saturdays and Sundays to expeditiously decide the contentious and sensitive issues arising in the matter.<br/><br/>It holds importance as the Allahabad High Court in its verdict pronounced in the last week of April, had held the practice of triple talaq as unilateral and bad in law.<br/><br/>Muslim organisations like the All India Muslim Personal Law Board, AIMPLB, have opposed court's adjudication of these matters, maintaining these practices stemmed from the Holy Quran and were not justiciable.<br/><br/>The Centre had on October 7 last opposed in the Supreme Court the practice of triple talaq, nikah halala and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism. News Content

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