The Supreme Court reserves its verdict on the batch of petitions challenging the constitutional validity of triple talaq practice among Muslims.
The bench, also comprising justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer, had begun the historic hearing on 11 May.
Citing the prevailing conditions where Muslim women were protesting against instant triple talaq, Grover appearing for the Bharatiya Muslim Mahila Andolan's co-founder Zakia Suman, questioned the AIMPLB's claim that they are discouraging the practice of triple talaq amongst Muslims. "But do not attempt to effect changes forcibly through the guile of Constitution", Sibal said.
Addressing the constitution bench, AIMPLB's senior counsel Kapil Sibal said he had a meeting with the Board members and they have chose to issue an advisory to Qazis across the country.
He said that under Article 25 (right to practice religion) of the Constitution, even the core component of religion can be tested on grounds of fundamental rights.
But the All India Muslim Women Personal Law Board that represents the interests of women from the community has argued that it wasn't fundamental to Islamic tenets.
"It is an issue of a minority community and that of women within that community", he said. Has it (triple talaq) going on in consistently for 1,400 years?
For past six days hearing on triple talaq was being run in the Supreme Court which is at last settled today, it was the significant hearing on triple talaq, but Top Court reserved its order.
"Substantiating my view with reasons and examples, I asserted that it can not be justified and can not be given law's validation", Khurshid said during the hearing. Muslims are practicing it for past 1,400 years.
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Taking off from where it left on Tuesday, the AIMPLB again questioned the court's competence to hear the case as it defended the divorce practice.
The AIMPLB has, in the course of its submissions, noted that triple talaq was permissible despite being a "sin" and "undesirable".
Our Prime Minister Narendra Modi has also urged Muslims not to view the triple talaq issue from a political perspective and expressed the confidence that efforts to end the practice would be led by "enlightened" members of the community.
Triple talaq is neither integral to Islam nor a "majority versus minority" issue but rather an "intra-community tussle" between Muslim men and deprived women, the Centre on Wednesday told the Supreme Court. He said if the secular Supreme Court decides to undertake suo motu (on its own) scrutiny of the issue, with the Centre seeking a ban, then the community may take a tough stand. The real tussle is between the Muslim men and women.
Telling the court that the impact of a divorce was civil involving her maintenance and shelter, she said that the court should address the social consequences of divorce as women lose everything.
AIMPLB said that the board has chose to issue a code of conduct and warned that those who give talaq (divorce) without Sharia (Islamic law) reasons will face social boycott.
"There is a little difference in my and personal law board's opinion", he said. "We are working on it", he said. "The proof that triple talaq is not essential lies in the fact that Islam continues to thrive in many countries which had banished triple talaq", he submitted.
■ 16 February: SC says a five-judge constitution bench would be set up to hear and decide the challenge on "triple talaq", "nikah halala" and polygamy.