Muslim women may be given the right to reject triple talaq: top court

Adopting a conciliatory position on the last day of the triple talaq hearing, The All India Muslim Personal Law Board (AIMPLB) submitted that it would ask all Qazis to give Muslim women the option of taking triple talaq off the table in the nikahnama (marriage contract).

The AIMPLB’s suggestion came in response to a query posed by the Supreme Court on Wednesday, when it asked if it was possible to include a provision in the nikahnama, enabling Muslim women to say no to triple talaq.

Representing the Muslim body, senior advocate Kapil Sibal submitted that the AIMPLB should not be dismissed as an NGO. It was a congregation of people who are engaged in the study of Islam. “Hence, whatever they say must not be dismissed,” he said.

The court, however, was not convinced. It asked the Muslim board that if they considered the practice sinful, then how could it be practised?

“Lots of sinful things are practiced by society and they are protected by law,” Sibal said.

The SC on Thursday reserved its judgment on the contentious triple talaq case after speed-hearing the matter in a record six days. A multi-faith, all-male bench led by the Chief Justice of India JS Khehar heard the matter, which began on May 11.

The last day of the hearing saw rebuttals made by the ant-triple talaq contingent. Senior advocate Amit Chaddha submitted that the Centre wanted the practice abolished. “The SC is the custodian of fundamental rights,” he added.