Will deal with only triple talaq due to paucity of time: SC


New Delhi, May 15 (PTI): The Supreme Court today said it was keeping open for adjudication in the future the issues of polygamy and 'nikah halala' among Muslims as the Centre insisted deliberations on these aspects as well.

"It may not be possible to deal with all the three issues in the limited time we have. We will keep them pending for future," a five-judge Constitution bench headed by Chief Justice J S Khehar said.

The observation was made when Attorney General (AG) Mukul Rohatgi, appearing for the Centre, said that the issues of polygamy and 'nikah halala' were also part of the order of a two-judge bench which had referred to the Constitutional bench the three issues, including the practice of triple talaq among Muslims.

"The scope of referring had all the three issues that was divorce, nikah halala, polygamy. All these three issues are before this court by virtue of the reference order of the two- judge bench," Rohatgi said.

The Centre's assertion assumes significance in the backdrop of the remarks of the apex court that it will only deal with the issue of triple talaq that too if it was fundamental to Islam.

The AG asked the bench also comprising Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer to make it clear that the issues of polygamy and 'nikah halala' are still open and would be dealt by other bench in future.

"It will be dealt in future," the bench clarified.

The bench is hearing a clutch of petitions challenging the practice of triple talaq among Muslims.

The Centre has resumed its arguments in the case today.

  

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Comment on this article

  • Logical Indian, Kudla

    Mon, May 15 2017

    Can any of my Muslim bros clear this point: I really don't know, if the word 'Talak' can be utterd by wife also..?? I have no idea.. Everytime it reads as husband say's 'Talak'. If this is true, then its 100% gender inequality!!

    DisAgree [2] Agree Reply Report Abuse

  • kas, Mangalore

    Tue, May 16 2017

    If you follow / trust / believe the chaddi media, you will NEVER get the TRUTH .... Read the translated holy Quran and read about KHULA , which gives right to Muslim women to get divorced....
    Read the below comments of Aravind shetty --Riyadh , which he has collected... He mentions about one month gap BUT it is three months gap.. So talak is not easy as chaddi media is presenting and you people are thinking

    BTW Can any one give us the number of wives , who have suffered from this triple talaq .... There are millions of women have suffered from rapes/gang rapes and dowry system ... the courts and govts are yet to open their eyes to SUCH PROBLEMS ...Hypocracy like cow meat export .

    DisAgree [2] Agree [4] Reply Report Abuse

  • Mohammed, Kundapur/Qatar

    Mon, May 15 2017

    all appointed by MODI, so they will make more complicated this issue and many questions will raise here after.
    and MODI will enjoy one more term of 4 years by roaming around world and playing with muslims in regards to talaq issue.

    DisAgree [4] Agree [4] Reply Report Abuse

  • Anil, Mp

    Mon, May 15 2017

    I can't understand why Muslim are in support on inhumane practice. SC has to change this.
    Muslim says it's their law. They follow Sharia and ask govt not to interfere.
    Even today terrorist are killing innocent ppl in the name of book. Today other religion ppl are killed only bcoz dey term dem infidels.
    For this also dey follow d same book...

    DisAgree [7] Agree [7] Reply Report Abuse

  • Aravind Shetty, Mangalore/Riyadh

    Mon, May 15 2017

    First of all I should not interfere other religions matter where as there is lot of things to do with my own religion, but still i want put my some words here. As a resident of Saudi for the last 20years, where there is no triple talaq system not existing I checked with my Saudi colleagues as per them below are the real procedure of triple talaq in Islam and there is 1 month gap between each Talaq (it might be Wahabism style and not sure, but i felt that it's good practice).
    When you say first "Talaq" - afterward the couples can stay in same house, they can share same bed for sleep only and no physical contact (this way to help them mend their differences and reconciliation)
    After one month he can say second "Talaq" - after this Talaq, the couples can stay in same house but not they cannot sleep together
    After another month, he can use third "Talaq" - after this Talaq, the couples cannot stay in the same house.
    After 3 month they can officially divorced. These 3 months will help them to mend their differences and avoid the divorce where Quran cursed on divorcing couples. By the way the couples can divorce with immediate effect with both parties mutual consent and no need to wait 3 months.
    I have no idea whether above point real or no, but still felt that it's good procedure.
    Anyway at the end I am not the one to decide about other religion's subject. Pls request to everyone, pls do not politicize the religion matter. Each religion has their own loop holes and let's fix it our own before fixing others. Jai Hind.

    DisAgree Agree [11] Reply Report Abuse

  • R Mallar, Kasaragod/ Dubai

    Mon, May 15 2017

    One of the honorable judges dealing with this issue is from Moodabidre. Let us be proud of him.

    DisAgree [1] Agree [3] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Mon, May 15 2017

    What if your daughter,sister or relative get divorced for no reason just because of 3 words.
    Hope u all feel proud on your son- in -law!!

    DisAgree [6] Agree [6] Reply Report Abuse

  • kas, Mangalore

    Tue, May 16 2017

    Do not come to a conclusion, by reading the chaddi media... Please read my comments and one from Aravind Shetty Riyadh and this will open your eyes and clear the doubts.... Attempts can be made in Bahrain too to find out the truth.... Every society/religion dislikes dowry and rapes, but this practice is rampant in our country... Do you have any comments on this EVIL.....

    DisAgree Agree [2] Reply Report Abuse

  • Flavian, Mangalore/Kuwait

    Mon, May 15 2017

    If you do not like or as and when you want to get rid of your wife just triple 'talak 'is enough !
    So simple ?

    DisAgree [5] Agree [10] Reply Report Abuse

  • kas, Mangalore

    Mon, May 15 2017

    It is not so easy as you think.... better study holy quran and the procedure laid down in it for Talaq... It is unfortunate that some xxxxx muslims are practising wrong... such people should be dragged to courts to teach them the correct method .... BTW Can any one give us the number of wives , who have suffered from this triple talaq .... There are millions of women have suffered from rapes and dowry system ... the courts and govts are yet to open their eyes to SUCH PROBLEMS ...Hypocracy like cow meat export ....

    DisAgree [1] Agree [3] Reply Report Abuse

  • peacelover, India

    Mon, May 15 2017

    Divorce is permitted in Islam as a last resort if it is not possible to continue a marriage. Certain steps need to be taken to ensure that all options have been exhausted and both parties are treated with respect and justice.
    When a marriage is in danger, couples are advised to pursue all possible remedies to rebuild the relationship. Divorce is allowed as a last option, but it is discouraged. The Prophet Muhammad once said, "Of all the lawful things, divorce is the most hated by Allah."
    If, after thoroughly evaluating your marriage, you find that there is no other option than divorce, there is no shame in proceeding to the next step. Allah gives divorce as an option because sometimes it is truly the best interest of all concerned. Nobody needs to remain in a situation that causes personal distress, pain, and suffering. In such cases, it is more merciful that you each go your separate ways, peacefully and amicably.
    Islam outlines certain steps that need to take place both before, during, and after a divorce. The needs of both parties are considered. Any children of the marriage are given top priority. Guidelines are given both for personal behavior and legal process.
    IF ANYONE IS NOT FOLLOWING THE GUIDELINES LAID BY ALLAH, THEN THERE IS A NEED TO PUNISH THE INDIVIDUALS WHO DO NOT FOLLOW THE GUIDELINES, BUT NOT TO CHANGE THE LAW.

    DisAgree [1] Agree [3] Reply Report Abuse

  • MILAN, LUCERNE

    Mon, May 15 2017

    SC SHOULD ALSO READ QURAN. U WILL COME TO KNOW THAT IT HAS 3 MONTHS PERIOD TIME. WITHIN THE PERIOD TIME. U CAN DECIDE WHAT U WANT. WHICH I THINK ITS PERFECT FOR DIVORCE.

    NO OTHER COUNTRIES IS PRACTICING TRIPLE TALAQ IN ONE GO. WHICH IS AGAINST ISLAM. NOT EVEN SAUDI ARABIA.

    DisAgree [10] Agree [16] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Mon, May 15 2017

    Just do it ...

    DisAgree [4] Agree [6] Reply Report Abuse

  • Amar Nathal, Mangalore

    Mon, May 15 2017

    Just follow the Constitution not the politicians.

    DisAgree [3] Agree [13] Reply Report Abuse

  • HENRY MISQUITH, Bahrain

    Mon, May 15 2017

    You are right, yesterday in U.P. A/C, Carpet and Sofa followed Yogi Adityanath during Visits Martyr's Family.

    DisAgree [1] Agree [3] Reply Report Abuse

  • kas, Mangalore

    Mon, May 15 2017

    the people are following constitution, then why the people are visiting and worshipping at religious places....

    DisAgree [1] Agree [3] Reply Report Abuse


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Title: Will deal with only triple talaq due to paucity of time: SC



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