On Thursday, after hearing the petitions questioning the validity of the triple talaq, the Supreme Court put the verdict on reserve. It has been hearing various petitions over the last six days.
The case is being presented in front of five judges of diverse religions. Headed by Chief Justice of India J.S. Khehar, the bench includes Justices Kurian Joseph, R.F. Nariman, Abdul Nazeer and U.U. Lalit. The bench accepted submissions from various groups including the Union Government, the All India Muslim Women Personal Law Board and the All India Muslim Personal Law Board.
The bench said it would consider all aspects of the triple talaq which is fundamental in Islam. They also said they will, for the moment, not deliberate on polygamy and ‘nikah halala.’ They ruled the two topics will be pending and ruled upon after the triple talaq issue is solved.
‘Nikah halala’ involves a female divorcee marrying someone else, consummating the marriage and then getting a divorce in order to make it allowable to remarry her previous husband.
According to Quran:
“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah . But if you fear that they will not keep [within] the limits of Allah , then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah , so do not transgress them. And whoever transgresses the limits of Allah – it is those who are the wrongdoers.”[
“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know.”
The court said that it has taken the decision to question whether all Muslim women faced gender discrimination during divorce or also due to other marriages of their husbands. This matter has mainly gained prominence as the SC postponed the hearing to Summer vacation.
