"I had a meeting with the Board members yesterday that it (a clause whereby a woman can reject being divorced by talaq-e-biddat) will be part of the nikhanama".
Naheed said she had said "almost the same thing" in the nikahnama draft that she presented to the Board in 1994 along with other provisions, but these did not find place in the model nikahnama the Board eventually released in 2005 at its session in Bhopal. "We ourselves want to give up this practice", Mr Sibal told the court while concluding his arguments. Refusing to succumb to the violence Jahan took the matter to the Gadarpur Police Station. The bench was told that the AIMPLB would file an affidavit before the court stating its decision.
To this, Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked, if they should not hear the matter at all.
The CJI, while reserving the verdict, thanked all the lawyers, including attorney general Mukul Rohatgi, Mr Sibal, Anand Grover, Indira Jaising, A.S. Chadha, Arif Mohd.
During the hearing the judges had a copy of Quran in English for reference as the arguments centred around Quran and Islamic personal laws. We also don't want to have this practice. All these are not in the court's domain. "Personal law, customs and faith can not be tested under the garb of fundamental rights". Has it (triple talaq) going on in consistently for 1,400 years?
The bench had made it clear that it would examine whether the practice of triple talaq among Muslims is fundamental to their religion and had also said for the time being it will not deliberate upon the issue of polygamy and "nikah halala".More news: Autodesk, Inc. (ADSK) Gains After Q1 Beat and Solid Guidance
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Justice Joseph told Mr Sibal, "Triple talaq is sinful. Parliament can interfere, it can make a law", replied Sibal. "If it is bad in theology it can not be acceptable?"
"Testing the validity of customs and practices is a slippery slope", Mr Sibal said. "It is a tussle between haves and have-nots within the system".
The instant divorce is banned in most Muslim countries but is allowed under India's constitution that lets most religions, including Muslims - the biggest religious minority - regulate matters like marriage and divorce through civil codes.
The query came when senior lawyer Salman Khurshid, assisting the court, submitted that Islam considered instant triple talaq "sinful but valid in law".
Another case of Triple Talaq has surfaced from Uttarakhand, where Shamim Jahan fell prey to the Islamic divorce practice. Anything that is admittedly bad in theology (a religious belief) and sinful in religion can never be masquerading as faith. "Give an option to wife to say "no" to triple talaq", Indian Express quoted the bench as asking. The women petitioners created a commotion as they strongly protested against Sibal's comment on Muslim women too supporting triple talaq.