Instant triple talaq is not part of the Quran and is a latter-day practice, the Supreme Court said on Wednesday, questioning why the controversial custom shouldn’t be barred when some Islamic clerics describe as sinful additions to the Muslim holy book.
“If biddat is sin, then why not talaq-e-biddat (instant triple talaq),” the court said on the day the All India Muslim Personal Law Board (AIMPLB) argued its case for triple talaq. Biddat, which loosely translates to innovation in religious matters, is something which is not in Quran and is a later day addition.
The court also asked the law board if it was possible to give a woman a choice to say no to triple talaq, the controversial divorce practice that has been challenged as biased by several women.
“Can a woman be given an option to say no to triple talaq at the time of execution of nikahnama?” a five-judge constitution bench asked, referring to the Islamic marriage contract.A nikhnama is prenuptial agreement that spells out the rights and responsibilities of the groom and the bride.
Triple talaq allows Sunni Muslim men to end a marriage by uttering the word talaq (I divorce you) thrice in quick succession.