Triple talaq is 'worst form' of marriage dissolution: SC
Triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal", the Supreme Court observed on Friday.
The second day of the day-long hearing on the matter also saw two veterans, jurist Ram Jethmalani and former Union Minister and Islamic scholar Arif Mohammad Khan, coming out all guns blazing against the practice of triple talaq.
A five-judge constitution bench headed by Chief Justice J S Khehar said there are "school of thoughts (which) say that triple talaq is legal, but it is the worst and not a desirable form for dissolution of marriages among Muslims."
The remark was made by the bench when senior lawyer Salman Khurshid referred to the various schools of thought and the stand of All India Muslim Personal Law Board (AIMPLB) that triple talaq was "abhorrent", yet valid.
While Jethmalani attacked the practice on various constitutional grounds including the right to equality and termed it "abhorrent", Khan said it was akin to the pre- Islamic era practice of burying a female child alive in the Arabian region.
Khan, who had quit Rajiv Gandhi's cabinet over differences in handling the Shah Bano case, was at his best while representing All India Muslim Women Personal Law Board.
He said the whole Shariat law has been distorted as "Shariat is the Holy Quran and not the opinion of these people (clerics). The Holy Quran considers the importance of family and it provides four steps before pronouncement of divorce."
"Triple talaq is far from being fundamental and very far from being sacramental to Islam. It violates every good thing which Islam prescribes. What we are seeing in the form of triple talaq is similar to the pre-Islamic era practice where female infants were buried alive," Khan told the bench which also comprised Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer.