Attorney General Mukul Rohatgi on Wednesday told the Supreme Court that the issue of triple talaq should not be seen as discrimination between majority and minority communities. “It is an issue of a minority community and that of women within that community,” said Rohatgi in the top court which is hearing a clutch of petitions challenging triple talaq, polygamy and ‘nikah halala’.
Arguing for abolishment of triple talaq, the attorney general told the court that ‘if the practice is not present in 25 Islamic countries then it can’t be said it is essential to Islam”. Responding to CJI JS Khehar’s question on which old tradition of Hinduism was set aside by courts, Rohatgi submitted that once Sati and Devdasi etc were part of Hinduism.
Rohatgi added that if All India Muslim Personal Law Board itself says that triple talaq is optional, sinful and undesirable then how can it be integral to Islam.
Earlier in the day, the apex court asked the All India Muslim Personal Law Board (AIMPLB) whether a woman can be given an option of saying ‘no’ to triple talaq at the time of execution of ‘nikahnama’ (Islamic marriage contract). A five-judge Constitution bench headed by Chief Justice J S Khehar also said if all ‘Qazis’ can be asked to include this condition at the time of marriage.
“Is it possible that Muslim women are given an option to say ‘no’ to triple talaq at the time of execution of nikahnama,” asked the bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer
While seeking response from former Union Minister and senior advocate Kapil Sibal, representing AIMPLB, the bench said, “Don’t infer anything from our side.”