SC asks AIMPLB: Can women have option of saying no to triple talaq in ‘nikahnama’?

Today is the 5th day of the SC hearings on a clutch of petitions challenging triple talaq, polygamy and ‘nikah halala’


The SC has asked the AIMPLB if all ‘Qazis’ can be asked to include an option of saying ‘no’ to triple talaq as a condition at the time of marriage. Photo: PTI
The SC has asked the AIMPLB if all ‘Qazis’ can be asked to include an option of saying ‘no’ to triple talaq as a condition at the time of marriage. Photo: PTI

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.”

Also read | The case against triple talaq

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.

Yesterday, 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.