The Attorney General questioned Sibal's line of argument that the practice of Triple Talaq should not be abolished just because it's "1400 years old". "Somebody gave this book to us", he said, referring to the Quran.
Triple talaq case: The All India Muslim Personal Law Board (AIMPLB), on May 18 informed the Supreme Court that it would soon allow a provision that allows women to say to "triple talaq" in their nikahnama (marriage contract). The bench was told that the AIMPLB would file an affidavit before the court stating its decision. If the groom did later pronounce the triple talaq, the bride would be able to challenge its validity in court by citing the nikahnama.
"Getting married under the Special Marriage Act, 1954, is not the solution".
The Bench comprised of five judges from 5 different religions i.e. Hinduism, Sikhism, Islam, Christianity and Parsi. If she registers her protest, it will be placed as a condition in the nikaah nama that will bind both parties to the marriage, Sibal said.
"Yes, you should not hear", replied Sibal.
The All India Muslim Personal Law Board (AIMPLB) appears to be tripping all over itself in responding to the growing momentum in favour of outlawing triple talaq.More news: NY judge Garcia uninterested in FBI director job
On the question of whether the Centre would bring in legislation or not, Rohatgi said that even when there was no legislation, courts had all the authority to intervene. "I think the best place to solve this is the court, which is the custodian of Constitutional and fundamental rights", argued the counsel, adding that the practice is not protected under Article 25 of the Constitution.
The Chief Justice of India Justice J.S. Khehar is Sikh, Justice Abdul Nazeer is Muslim, Justice Uday Lalit is Hindu, Justice Kurian Joseph is Christian and Justice Rohinton Nariman is Parsi.
Earlier in the hearing, the apex court refused to hear all the three cases of Polygamy, Nikah and Halala at once, saying it would focus on one matter at a time.
However, the top court said that they have a limited time, so all the matters could not be covered at present. There is a process, follow the process.The court is not to decide what are the sinful practices in the world. "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.
He also differed with AIMPLB which has contended that though sinful and undesirable triple talaq was a matter of faith for Muslims.
He said that Islam recognised both men and women as equal and unlike Christianity where it is women who take the blame, in Islam both husband and wife are held equally responsible.