Supreme Court five judge Constitution bench to continue hearing on triple talaq case today

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New Delhi: The Supreme Court five judge Constitution bench will continue hearing on triple talaq case on Wednesday. On Tuesday, All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal termed the matter of triple talaq as a religious matter and said that the “Supreme Court should be hearing the matter in the first place”. The argument began when Sibal said that the apex court should not decide or interfere in one’s faith and belief. To this Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked, if they should not hear the matter at all. "Yes, you should not hear," replied Sibal. Justifying triple talaq, Sibal called it an age old practice and said, "Triple talaq is going on since 1400 years, how can you say it is unconstitutional?" Sibal further argued that just like the Hindus faith about Rama’s birth at Ayodhya cannot be questioned, similarly, Triple Talaq which is also a matter of faith for Muslims should not be questioned. Meanwhile, the bench also questioned the AIMPLB on the position of e-divorce given on WhatsApp in Islam. The Centre on Monday assured the apex court that it will come out with a law to regulate marriage and divorce among Muslims if Triple Talaq was upheld as invalid. "The government will come out with law to regulate marriage and divorce among Muslims if court holds Triple Talaq as invalid," Attorney General Mukul Rohatgi told the bench. Rohatgi also conveyed to the apex court bench that Triple Talaq violates Muslim women’s right to equality within the community, and also within the country Earlier in the hearing, the apex court refused to hear all the three cases of Polygamy, Nikah and Halala at once, saying it will focus on one matter at a time. The Attorney General and top law officers representing the Central government arguing in front of the five-judge Constitution bench said the apex court should hear other cases also, besides Triple Talaq. However, the top court said that they have limited time, so all the matters could not be covered at present. On the second day of the hearing last Friday, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the apex court that the controversial Islamic divorce system cannot be justified whatsoever. Citing examples, Khurshid told the court that the Triple Talaq practice cannot be validated constitutionally. "There was a discussion that whether Triple Talaq is valid constitutionally. Substantiating my view with reasons and examples, I asserted that it cannot be justified and cannot be given laws validation," Khurshid said during the hearing. The Centre, earlier on May 11, told the apex court that it opposes the triple talaq practice and wants to fight for women equality and gender justice. However, All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal told the apex court that triple talaq is a matter that comes under the Muslim board and therefore, in his opinion, the top court should not interfere in it.