Today is the fourth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and "nikah halala" which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsi, Hindu and Muslim. The court also said that polygamy and nikha halala would be taken up later for adjudication as it had very limited time. "Is it better for a woman to apply for divorce and fight for 16 years and get nothing", Sibal said. Jethmalani argued that any law that is enforceable by courts is covered by Article 13, and consequently, is covered by Articles 14 and 15. "But the court should first strike down these practices which are not in confirmity with the Constitution", he said.
Former Minister Arif Khan stated that the practice, far from being fundamental to Islam, violates the Quranic mandate.
The court additionally watched that triple talaq authorised under Muslim Personal Law that represents marriage, property and separation damages the privileges of Muslim ladies.
"There was a talk that whether Triple Talaq is legitimate unavoidably". Some religious rights are given to all under Article 25.
Noting that the Constitution protects personal laws and that all patriarchal societies are discriminatory, Sibal said that all laws applying to Hindus, Muslims and other religions must be tested on the grounds of discrimination.
The AG said when a personal law, for example triple talaq as contained in Sharia law of 1937, violated fundamental rights guaranteed under the Constitution, then that personal law, practice or custom must go.
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To this, Rohatgi said even if triple talaq is considered as an essential part of religion and falls under Article 25, the practice still has to be constitutionally moral.
Citing examples, Khurshid told the court that the Triple Talaq practice can not be validated constitutionally.
In Islamic law, a divorced woman has to wait during the "iddat" period for about three months before she can remarry. "Why should the court intervene?", he said.
Many Muslims women have shown their views and they had opposed the practice of triple talaq as several pleas were filed by Muslim women challenging the practice of triple talaq, on hearing it the apex court has made a decision to observe that whether the issue is fundamental to religion or not.
When a five-judge SC bench headed by Chief Justice J S Khehar said, "we have taken a conscious decision to deal only with triple talaq", Attorney General Mukul Rohatgi drew the court's attention to the order by a two-judge bench which had mentioned all the three issues.
In its last hearing on Friday, the apex court had observed that triple talaq was the "worst" and "not a desirable" way to end marriages among Muslims.