The Apex Court on Thursday will continue hearing pleas by Muslim women rejecting their religious convention of practising triple talaq. The hearing will be conducted under a five-judge constitution bench headed by Chief Justice of India (CJI) Jagdish Singh Khehar and four other judges, namely Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and S. Abdul Nazeer.
While the confusion in the legality and validity of this law prevails, the debate was initially instigated by a petitioner, Shayara Banu, challenged the Muslim personal law over instantaneous triple talaq (talaq-e-bidat), polygamy and nikah-halala.
Notably, earlier this week, the Allahabad High Court asserted that the rights of any person, including Muslim women, cannot be violated in the name of ‘personal law’. It further added that the basic rights of women cannot tamper.
“A Muslim husband cannot give divorce in such a manner which would put a question mark on equal rights,” the court observed.
In December last year, the Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word “talaq” thrice as “unconstitutional”.