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Triple Talaq to be made optional? Muslim body suggests compromise as SC reserves verdict

The Supreme Court has reserved a verdict on batch of petitions challenging constitutional validity of triple talaq practice among Muslims.

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The Supreme Court on Thursday reserved its verdict on a batch of petitions challenging constitutional validity of the practice of triple talaq among Muslims.

A five-judge Constitution bench headed by Chief Justice J S Khehar heard the issue for six days during which various parties including the Centre, All India Muslim Personal Law Board, All India Muslim Women Personal Law Board and various others made the submissions.

A  Muslim body defending triple talaq told the Supreme Court on Thursday it was willing to ask all qazis in the country to give brides the option of keeping the controversial divorce practice out of their marriage contract.

As per reports in Hindustan Times, the All India Muslim Personal Law Board’s (AIMPLB) position came in response to a suggestion by the court that the board issue an advisory of binding nature to the qazis solemnising marriages that the husband would not end the marriage by uttering the word triple talaq thrice in one go.

Earlier on Wednesday, the AIMPLB had told the Supreme Court that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in nikahnama'.

The board's reply came after Chief Justice of India (CJI) Jagdish Singh Khehar asked AIMPLB counsel Kapil Sibal if it was possible to give bride the right to not accept instant triple talaq.

Earlier, Sibal asked the top court as to how a 1400-year-old practice be branded 'unconstitutional'. "Triple Talaq is going on since 1400 years, how can you say it is unconstitutional?" Sibal asked the apex court.

Sibal further argued that just like the Hindus' faith about Rama's birth at Ayodhya cannot be questioned, similarly Triple Talaq which is also a matter of faith for Muslims should not be questioned.

The Centre, earlier on May 11, told the apex court that it opposed the triple talaq practice and wants to fight for women equality and gender justice. ​

(With agency inputs)

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