Plea against triple talaq in apex court

Two Muslim women approached the Supreme Court, contending that “triple talaq” is un-Islamic and un-Quranic.

They sought direction for interpreting the applicable Islamic law, which is in consonance with the Constitution.

Maintaining that the issue of Uniform Civil Code is not pending before the apex court and there is no doubt that it is red-herring, petitioners Zakia Soman and Noorjehan Safia Niaz said that the practice of Talaq-ul-Bidaat (triple talaq) and nikah halala (bar against remarriage with divorced husband, without an intervening marriage with another man) are two examples of how Quranic inunctions are being currently violated.

The petitioners, who co-founded Bhartiya Muslim Mahila Andolan (BMMA), sought to intervene into a pending matter with their plea to do away with the practice of triple talaq, claiming it contravened the principles of the Shariat.

“Justice and equality for women have been closest to the heart of Prophet as can be seen from Quranic verses. The founding father of the nation shared the concern for justice and equality for women. Muslim women in India have continued to suffer injustice through Talaq-ul-Bidaat and Nikah Halala despite there being no Quranic sanction,” they submitted. Seeking a declaration for both practices as illegal, the petitioners pointed out that the triple talaq is not recognised in several Muslim countries including Egypt, Turkey, Jordan, Pakistan and Bangladesh. 

Besides, the BMMA, two NGOs “Bebaak Collective” and “Centre for Study of Society and Secularism” also sought to implead themselves. Notably, the apex court had already admitted a writ petition filed by Shayara Bano for consideration.

She challenged the validity of both practices under the Muslim personal laws as illegal, unconstitutional and violative of the fundamental right to equality and liberty under the Constitution. However, NGO All India Muslim Personal Law Board opposed the plea. It maintained the issue is cultural one and inextricably interwoven with Islam.

“Thus, it is the issue of Freedom of Conscience guaranteed under Article 25 and 26 read with Article 29 of the Constitution,” it said.

It also pointed out that issues relating to Muslim Personal Laws were already examined by the SC in 1997 in Ahmedabad Women Action Group Vs Union of India.

The SC maintained that these matters involved state policies and the court would not ordinarily have any concern, it said.