The Centre may not oppose the ban on triple talaq in support of women’s rights in a reply to the Supreme Court’s notice on the issue of Muslim practices of polygamy, triple talaq (talaq-e-bidat) and nikah halala.
The decision was taken at a meeting attended by Union ministers Rajnath Singh, Arun Jaitley, Manohar Parrikar and Maneka Gandhi. While the general consensus in the government is not to oppose the ban, the Law Ministry would refer to global practices before submitting its response to the Supreme Court by October 5.
The draft of the reply would step away from subjects such as recommending a law to ban unilateral triple talaq or implement Uniform Civil Code.
The ministry said that the government was likely to argue that many Islamic nations, including Saudi Arabia, Pakistan, and Iraq, have either banned or restricted these practices.
It may be recalled that on September 5, the Supreme Court gave the central government four weeks to respond to a clutch of PILs on triple talaq and the plight of Muslim women.
In a counter affidavit in the SC, All India Muslim Personal Law Board (AIMPLB) had said the controversial issues such as polygamy, triple talaq (talaq-e-bidat) and nikah halala are matters of legislative policy and hence cannot be interfered with.
The practices provided on marriage, divorce and maintenance were based on holy scripture (al-Quran) and “the courts cannot interpret the text of scriptures” as per the board.