As the hearing on triple talaq began, Supreme Court on Thursday said it would examine whether triple talaq is fundamental…
(PHOTO: SNS)
As the hearing on triple talaq began, Supreme Court on Thursday said it would examine whether triple talaq is fundamental to religion.
"We will also examine whether triple talaq is part of enforceable fundamental right," the top court bench said.
Hearing a series of petitions, a five-judge Constitution bench headed by Chief Justice J Khehar said that the issue of practice of polygamy among Muslims may not be part of its deliberations.
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"Will not get into the issue of polygamy as it’s not related to triple talaq and nikah halala and if triple talaq is found to be not valid, the latter will be deemed unconstitutional," the apex court bench said.
The Supreme Court commenced its hearing on triple talaq from Thursday on a raft of pleas challenging the constitutional validity of ‘triple talaq’, ‘nikah halala’ and polygamy practices among Muslims.
The hearing carries significance as the apex court has decided to hear the case during the summer vacation.
The bench, also comprising Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer, took up the matter on its own as a petition titled 'Muslim Women’s quest for equality'.
The constitutional and legal validity of 'triple talaq', 'nikah halala' and polygamy practices among Muslims will be challenged as seven petitions will be heard. Five separate writ petitions have been filed by Muslim women challenging the practice of triple talaq, terming it unconstitutional.
Attorney General Mukul Rohatgi will assist the bench, which will also examine to what extent the court can interfere in the Muslim personal laws if they are found to be in violation of the fundamental rights of citizens enshrined in the Constitution.
(With inputs from agencies)
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