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Can a woman say no to triple talaq: SC asks Muslim Law Board

SNS | New Delhi |

The Supreme Court (SC) on Wednesday asked the All India Muslim Personal Law Board (AIMPLB) if a woman has an option to say 'no' to triple talaq at the time of execution of 'nikahnama'.

Chief Justice Jagdish Singh Khehar asked senior counsel Kapil Sibal, appearing for the AIMPLB, if it was possible to give bride the right that she will not accept instant triple talaq.

The top court further asked AIMPLB whether it can issue a directive to qazis to enter woman's acceptance of triple talaq into nikahnama and whether its advisory will be followed by the qazi at the ground level.

Justice Kurian Joseph along with Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer is on the constitution bench headed by Chief Justice Khehar that is hearing a batch of petitions by different individuals and organisations challenging the validity of triple talaq.

In the hearing that began on 11 May, the bench has so far made a number of observations, including that triple talaq was like a "death penalty" which was "abhorrent but permissible".

In another query, the court wondered if triple talaq was India specific or prevalent in other countries too and how something that was ordained as "sinful" by God can be a part of Muslim personal law.

The matter is rooted on 16 October 2015 order of the SC, directing separate listing of a PIL addressing the question of the rights of Muslim women.

(With inputs from agencies)