SC gives Centre four weeks to respond on triple talaq issue

Earlier, AIMPLB had told the SC that personal laws of a community cannot be "re-written" in the name of social reforms

September 05, 2016 02:57 pm | Updated November 17, 2021 02:26 am IST - New Delhi

The Supreme Court, on Monday, granted four weeks time to the Centre to file its reply to a batch of petitions on the triple talaq issue.

On September 2, All India Muslim Personal Law Board (AIMPLB) told the Supreme Court that personal laws of a community cannot be “re-written” in the name of social reforms and opposed pleas on issues, including gender discrimination faced by Muslim women in divorce cases.

The AIMPLB, in its counter affidavit filed in the apex court, had said the contentious issue relating to Muslim practices of polygamy, triple talaq and nikah halala are matters of “legislative policy” and cannot be interfered with.

The Board also said that practices provided by Muslim Personal Law on the issues of marriage, divorce and maintenance were based on holy scripture Al-Quran and “courts cannot supplant its own interpretations over the text of scriptures.”

Regarding polygamy, the Board’s affidavit said though Islam permitted it, it does not encourage the same and referred to various reports, including World Development Report 1991, which had said that polygamy percentage among tribals, Buddhists and Hindus were 15.25, 7.97 and 5.80 per cent respectively as compared to 5.73 per cent in Muslims.

AIMPLB and Jamiat-e-Ulema had defended triple talaq and said it was part of Quran-dictated personal law which was beyond the ambit of judicial scrutiny.

0 / 0
Sign in to unlock member-only benefits!
  • Access 10 free stories every month
  • Save stories to read later
  • Access to comment on every story
  • Sign-up/manage your newsletter subscriptions with a single click
  • Get notified by email for early access to discounts & offers on our products
Sign in


Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.

We have migrated to a new commenting platform. If you are already a registered user of The Hindu and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.