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Can Women Be Given Option Of Saying No To Triple Talaq, SC Asks Muslim Law Board

The five-judge Constitution bench also said if all 'Qazis' can be asked to include this condition at the time of marriage.

17/05/2017 11:55 AM IST | Updated 17/05/2017 11:56 AM IST
Danish Ismail / Reuters

NEW DELHI -- The Supreme Court on Wednesday 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."

Today is the fifth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and 'nikah halala' which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsi, Hindu and Muslim.

On Tuesday, the law board had equated the issue of triple talaq with the belief that Lord Rama was born in Ayodhya, saying these were matters of faith and cannot be tested on grounds of constitutional morality.

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