SC keeps polygamy out of triple talaq hearing
The Supreme Court on Thursday began hearing a batch of six petitions and a suo motu public interest litigation (PIL) that challenged the constitutional validity of Muslim practices such as triple talaq and nikah halala along with the issue of polygamy.
At the outset, the court declared that for the moment it would not enter the domain of polygamy and that it is “limiting itself to the question of triple talaq and the consequential question of nikah halala.”
“Polygamy is not a part of triple talaq, and hence we are not looking into it,” Justice Kurian Joseph said.
Though there are several related petitions — more than 30, attached to the main case spearheaded by Shayara Bano, the apex court has clubbed them all together to discuss the larger issue whether triple talaq violates the fundamental rights of Muslim women.
The SC is venturing into the touchy topic of Muslim Personal laws for the first time since the famed Shah Bano case in April 23, 1985. After 32 years, the court has once again rallied to interpret and decide if the laws governing Muslim women protect their rights, or will the personal laws of religious communities be considered fundamental to their religion. …read more