Can women say no to triple talaq during execution of 'nikahnama': SC to AIMPLB

New Delhi: The Supreme Court on Wednesday asked All India Muslim Personal Law Board (AIMPLB) whether a woman can be given an option to say 'no' to triple talaq at time of execution of the 'nikahnama'.

Hearing the triple talaq case, the court also wanted to know from AIMPLB whether the board's advisory will be followed by the Qazi at the ground level.

In response, AIMPLB lawyer Yousuf Muchala told the top court that board's advisory is not mandatory for all Qazis to follow.

Counsel for AIMPLB Kapil Sibal yesterday had said the apex court should not decide or interfere in one's faith and belief.

To this Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked, if they should not hear the matter at all.

"Yes, you should not hear," replied Sibal.

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.

Meanwhile, the bench also questioned the AIMPLB on the position of e-divorce given on WhatsApp in Islam.

The Centre, during the earlier hearing, assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.

"The government will come out with law to regulate marriage and divorce among Muslims if court holds triple talaq as invalid," Attorney General Mukul Rohatgi told the bench.

Rohatgi also conveyed to the apex court bench that triple talaq violates Muslim women's right to equality within the community, and also within the country

Earlier in the hearing, the apex court refused to hear all the three cases of polygamy, nikah halala and triple talaq at once, saying it will focus on one matter at a time.

The Attorney General and top law officers representing the Central government arguing in front of the five judge Constitution bench said the apex court should hear other cases also, besides triple talaq.

However, the top court said that they have limited time, so all the matters could not be covered at present.

On the second day of the hearing, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the Supreme Court that the controversial Islamic divorce system cannot be justified whatsoever.

Citing examples, Khurshid told the court that the triple talaq practice cannot be validated constitutionally.

"There was a discussion that whether triple talaq is valid constitutionally.

Substantiating my view with reasons and examples, I asserted that it cannot be justified and cannot be given law's validation," Khurshid said during the hearing.

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

However, AIMPLB counsel Kapil Sibal told the apex court that triple talaq is a matter that comes under the Muslim board and therefore, in his opinion, the top court should not interfere in it.

"The Central Government makes rules but in my opinion the apex court should not interfere into it," Sibal said.

While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex court had observed last week that it would examine whether the issue is fundamental to religion or not.