Triple talaq Will hear issues related to polygamy, ‘nikah halala’ later, says SC

New Delhi: The Supreme Court, which is hearing bench of petitions challenging the constitutional validity of triple talaq, on Monday said that it will also hear issues related to ‘nikah halala’ and polygamy among Muslims.

“It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future,” a five-judge Constitution bench headed by Chief Justice J S Khehar said.

The observation was made when Attorney General (AG) Mukul Rohatgi, appearing for the Centre, said that the issues of polygamy and ‘nikah halala’ were also part of the order of a two-judge bench which had referred to the Constitutional bench the three issues, including the practice of triple talaq among Muslims.

“The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench,” Rohatgi said.

The Centre’s assertion assumes significance in the backdrop of the remarks of the apex court that it will only deal with the issue of triple talaq that too if it was fundamental to Islam.

The apex court had earlier said that the triple talaq system is the “worst and undesirable form” of dissolution of marriage among Muslims. 

Commencing a historic hearing on a bench of petitions challenging the constitutional validity of the practice of triple talaq and ‘nikah halala’ among Muslims, the apex court had on Friday said different schools of thoughts in Islam term triple talaq as “legal”.

Meanwhile, calling for abolition of triple talaq, senior advocate Ram Jethmalani termed triple the divorce practice as “abhorrent”, saying it does not give women equal right to divorce.

Jethmalani appeared before SC bench as a lawyer for Forum for Awareness of National Security.

The observation came when former Union Minister and senior advocate Salman Khurshid, who is assisting the court in his personal capacity, told the bench that it is not an issue where judicial scrutiny is required and moreover women have the right to say ‘no’ to triple talaq by stipulating a condition to this effect in ‘nikahnama’ (marriage contract).

The Constitution bench comprising of five judges, including Chief Justice of India JS Khehar on Thursday said it would determine whether the practice of triple talaq was fundamental to Islam, with the government making it clear that such a form of divorce was against gender justice and those challenging it asserting that it was not part of the religious tenets.

Other judges on the Constitution bench are Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.