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Supreme Court ruling on triple talaq validity today

22 August 2017

The All India Muslim Personal Law Board (AIMPLB) had countered that triple "talaq" is a matter of faith like the Hindu belief that Ayodhya is Ram's birthplace.

The ruling will be keenly followed by political parties, Muslim outfits and women's groups as well as Shayara Bano, the 35-yearold petitioner who has challenged the practice.

During the hearing, the apex court had clarified that it may not deliberate upon the issue of polygamy and said it would only examine whether triple talaq was part of an "enforceable" fundamental right to practice religion by the Muslims.

December 9: The Allahabad high court, in a verdict, stopped short of calling the practice of triple talaq under Muslim law unconstitutional and also observed that personal laws could not override constitutionally guaranteed rights of individuals.

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Chief Justice of India, Justice JS Khehar-led Constitution bench will deliver the verdict related to the case.

February 5: Supreme Court asks Attorney General Mukul Rohatgi to assist it on the pleas challenging constitutional validity of polygamy, "triple talaq" and nikah halala.

In their affidavit before the court, they said that qazis all over the country have been instructed that they would while performing nikah, record in the Nikahnama, that the bride has opted out of triple talaq in one sitting. Courts and government should leave reform to the community.

It had also said that the both the issues would be kept pending and will be dealt with later.

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It had justified that there were "innumerable instances where a Muslim wife seeks dissolution of marriage and approaches her husband seeking immediate dissolution by resorting to triple talaq".

It has said that all personal laws must be in conformity with the Constitution and rights of marriage, divorce, property and succession has to be treated in the same class and has to be in conformity with the Constitution. It had accused the Supreme Court of trying to indulge in judicial legislation in the name of "socially reforming" Islamic practices of marriage and divorce.

He had argued that triple talaq has been there since 637 AD and can not be termed as un-Islamic as Muslims have been practising it for last 1,400 years.

The five-judge bench comprises of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer. Available on Android and IOS.

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Supreme Court ruling on triple talaq validity today