Published On: Thu, Mar 30th, 2017

Apex Court refers triple talaq case to 5-judge constitutional bench

New Delhi: The Apex Court On Thursday decided that a five-judge constitution bench will rule on the constitutional validity of the practice of triple talaq, ‘nikah halala’ and polygamy among Muslims.

The Supreme Court said that the hearing will begin on May 11

While referring the matter to a constitutional bench, the Supreme Court said that the hearing will begin on May 11.

The case relates to a batch of petitions filed in the top court – including by the Centre – regarding whether divorce by saying ‘talaq’ three times is legal or whether it impinges on equal rights or in this case, women’s rights, and whether freedom to practice religion – via the Muslim Personal Law for Islam – takes precedence over basic freedoms, among other things.

The Centre had earlier opposed the practice of triple talaq, ‘nikah halala’ and polygamy among Muslims and favoured a re-look on grounds like gender equality and secularism.

Contrary to the stand of the Centre, the Muslim Personal Law Board has said that eliminating things like triple talaq ‘are akin to rewriting the Quran and forcing Muslims to commit a crime.’

A bench headed by Chief Justice JS Khehar and that includes Justices NV Ramana and DV Chandrachud said, “the issues are very important. These issues cannot be scuttled.”

 

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