SC to examine if triple talaq is enforceable fundamental right
New Delhi: The Supreme Court today made it clear that it would examine whether the practice of triple talaq among Muslims is fundamental to their religion as it began hearing petitions challenging the practice.
A five-judge bench headed by Chief Justice J S Khehar said it would look into the aspect whether triple talaq is part of an “enforceable” fundamental right to practice religion by Muslims.
The bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer, however, said the issue of polygamy among Muslims may not be deliberated upon by it as this aspect is unrelated to triple talaq.
The apex court made it clear that each side will get two days each for canvassing their arguments on the two questions formulated by the bench and one day will be given for the rebuttal.
The apex court also made it clear that it would stop any counsel who will repeat the arguments.
“Each side can argue whatever they want but there should not be any repetition. They will only focus on the validity of triple talaq,” the bench said.