How can 'sinful' triple talaq be a matter of faith, apex court asks Muslim bodies

NEW DELHI
18 May 2017

The Supreme Court today asked Muslim bodies how can a practice like triple talaq be a matter of "faith" when they have been asserting that it is "patriarchal", "bad in theology" and "sinful".

A five-judge Constitution bench headed by Chief Justice J S Khehar also reserved its verdict on a clutch of pleas challenging the constitutional validity of triple talaq among Muslims after hearing parties including the Centre, the All India Muslim Personal Law Board, the All India Muslim Women Personal Law Board and various others for six days in summer vacation. The apex court took note of repeated submissions of the AIMPLB and former Union minister and senior lawyer Salman Khurshid, who is assisting it in personal capacity, that triple talaq is not mentioned in holy Quran and is rather "sinful", "irregular", "patriarchal", "bad in theology" and "undesirable", but the court should not examine it.

"You (Khurshid) say it is sinful. How can a sinful practice be said to be a matter of faith... Has it (triple talaq) going on in consistently for 1,400 years? The answer is 'yes'. "Has it going on in the world? The answer is 'no'. The system itself say it is horrendous and bad," the bench, also comprising justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, said. The observations were made when Khurshid was advancing rejoinder arguments by emphasising that the practice was sinful and bad in theology which cannot be good in law. He, however, argued that the court should not examine it. (PTI)