Supreme Court of India: Can a Muslim woman deny triple talaq

supreme court on triple talaq

Can a Muslim woman deny triple talaq: Supreme Court

 

As we all know, Supreme Court has referred matters related to triple talaq , polygamy and nikah halala to a special bench, headed by chief Justice of India,  J S Khehar, this bench has started its hearing from 11th May 2017. The bench consists of 5 judges, each from different faiths as CJI J S Khehar (Sikh) and Justices Kurian Joseph (Christian), R F Nariman (Parsi), U U Lalit (Hindu) and Abdul Nazeer (Muslim).

This special constituted bench has its 5th day of hearing today. During the course of its hearing, the Bench focused on ‘Can a Muslim woman say no to triple talaq’.

Supreme Court asked the All India Muslim Personal Law Board (AIMPLB) whether it is possible to give women the right to decline instant triple talaq.

The bench suggested the All India Muslim Personal Law Board (AIMPLB) to add a clause in marriage contract of Muslim i.e. the Nikah nama mentioning pronouncing of triple talaq by husband to the wife does not amount to dissolution of their marriage.

But, a worth notable point was brought forward by the counsel of All India Muslim Personal Law Board (AIMPLB) that decision or orders of the Board is not binding on Qazis. As to clarify the same, a resolution stating that Triple talaq is a sin and should be boycotted by the community was placed before the court.

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