New Delhi: The Supreme Court Wednesday allowed Former Union Minister Salman Khurshid to assist it in hearing a batch of pleas challenging the constitutional validity of 'triple talaq', 'nikah halala' and polygamy practices among the Muslims.
A bench comprising Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul allowed senior advocate Khurshid to act as an amicus curiae and file his written submissions in the case.
"We will take it on record. It's not an issue," the bench said when the Congress leader said that the time for filing written submission in the matter has already expired and he intended to file certain pleadings in the case, according to PTI.
A five-judge constitution bench would commence hearing from May 11 to decide on the batch of petitions challenging the practices of 'triple talaq', 'nikah halala' and polygamy among Muslims.
The Modi government has submitted in the Supreme Court that triple talaq, nikah halala and polygamy are against rights of women and hence be banned.
Petition demanding a ban on these practices have also been filed in the Supreme Court by women activists and also by individual triple talaq victims.
Differences over practice of Triple Talaq exist in the Islamic Sharia since the tenure of second Caliph Omar (RA). Muslim scholars and jurists argue that concurrent talaq or triple talaq in one go has never been approved by Prphet Mohammad (peace be upon him), during the tenure of first Caliph Abu Bakr (RA) and the first two years of Caliph Omar's caliphate.
Caliph Omar later approved it as punishment, scholars argue, but later on the practice was annulled by Muslim jurists. It is on this basis, the practice of concurrent talaq has been termed invalid in most of the Muslim countries.
Muslims in India, majority of them followers of Hanafi school of thought, are adamant on the invalid concurrent talaq and are fighting a case with women activists in the Supreme Court.
Interestingly, some renowned Hanafi scholars have also ruled against concurrent or triple talaq. According to the sources in the All India Muslim Personal Law Board (AIMPLB), the members fear that agreeing to any change on triple talaq would open floodgate of interference in other Sharia matters.
It is also learnt that there is a strong dissent among the members of the All India Muslim Personal Law Board (AIMLB) and especially some women members are upset over board's handling of the situation.
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