Home / Latest News / Supreme Court now refers Triple Talaq case to a larger 5-Judge Constitution Bench

Supreme Court now refers Triple Talaq case to a larger 5-Judge Constitution Bench


Muslim Women Rights

Justice Khehar is believed to be heading the Constitutional Bench.

Supreme Court has decided that a five-judge Constitution Bench will rule on Constitutional validity of practice of triple talaq, ‘nikah halala’ and polygamy among the Muslims.

The hearing will begin May 11,2017.

Apex Court had indicated last month that it was strongly leaning toward a five-judge constitutional bench deciding on the these issues, as they have to deal with interpretation of the India’s founding document.

Case relates to a batch of petitions filed in the top court,  including by the Centre  regarding Whether divorce by saying ‘talaq’ three times is legal or whether it impinges on equal rights or in this case, women’s rights, and whether freedom to practice religion via Muslim Personal Law for Islam takes precedence over basic freedoms, among other things.

Centre had earlier opposed that the Practice of Triple Talaq, ‘nikah halala’ and polygamy among the Muslims and favoured a re-look on grounds like gender equality and secularism.

‘Nikah halala’ means a man cannot remarry a woman after the triple talaq unless she has already consummated her marriage with another man and her new husband dies or divorces her.

Muslim Personal Law Board has said that eliminating things like triple talaq ‘are akin to rewriting Quran and forcing the Muslims to commit a crime.’

“The issues are very important. These issues cannot be scuttled,” expounded Apex Court Bench headed by Chief Justice J S Khehar and also comprising of Justice NV Ramana and Justice DV Chandrachud.

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Source - PTI

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