■ 15 May: Attorney General Mukul Rohatgi told the Supreme Court that the Centre will bring in a new law to regulate and marriage divorce among Muslims if the practice of triple talaq is declared unconstitutional.
However, All India Muslim Personal Law Board (AIMPLB) counsel Kapil Sibal told the apex court that triple talaq is a matter that comes under the Muslim board and therefore, in his opinion, the top court should not interfere in it.
A bench of Chief Justice JS Khehar and Justices Kurian Joseph, R F Nariman, U U Lalit and Abdul Nazeer asked its counsel Kapil Sibal: "Can AIMPLB tell qazis to advise every woman to put her considered and uninfluenced decision on use of triple talaq by her would-be husband?"
Addressing the constitution bench, AIMPLB's senior counsel Kapil Sibal said he had a meeting with the Board members on Wednesday (May 17) and they have chose to issue an advisory to all the Qazis across the country.
"In matters of faith, belief, practices and customs, constitutional morality is a non-issue", he said. Any rational person would agree that the practice of triple talaq needs to be abolished because of the way it results in the abuse of women.
Khurshid further said that the focus remained on what is the fundamental area that Shariat occupies and whether triple talaq is an integral part of Shariat or of personal law. The personal law board has said that the harmonising effect can not be done by court and should not be done by court. The court can't say that it is helpless and it cannot step in.
The apex court which has made a number of observations during the past hearings claimed the practice to be '"worst form of dissolution of marriage among Muslims".
The practice, that stretches back over a thousand years, allows a husband to divorce his wife by simply saying the Arabic word for divorce, talaq, three times. "Hence, there is no way it should be made a constitutional issue", he argued.
Pippa Middleton invokes 'no ring, no bring' wedding rule
As the future queen, Kate would risk upstaging the bride and so may wish to remain in the background for the big day next week. Last month, when asked about the possibility of designing the gown, he told HELLO! It's a tricky situation for Pippa.
Sibal sought to coat triple talaq with the mandate of Islam as he asked, "Can anyone question the belief and faith of Hindus that Ayodhya is the birthplace of Lord Ram? It violates the rights of Muslim women", ruled the high court, adding that no personal law board was above the Constitution.
With the Centre linking the issue of triple talaq with that of constitutional morality, AIMPLB wondered why was the Centre shying away from enacting a law to curb the practice by taking recourse to Article 25 (2)(b) of the Constitution that permits enactment of a law invoking social reforms.
The real temper of the country is that people want this triple talaq to end. "We are working on it", he said.
The Attorney General and top law officers representing the Central government arguing in front of the five judge Constitution bench said the apex court should hear other cases also, besides triple talaq.
The top court is now hearing the practice of instant divorce in Islam by saying "talaq" three times, known as tripletalaq, whether it is fundamental to the religion.
"However, different schools of thoughts in Islam term triple talaq as legal", it added.
■ 30 March: SC says these issues are "very important" and involve "sentiments" and says a constitution bench would start hearing from 11 May.
AIMPLB said community needed time to change and reform itself on its own without any outside interference or dictate wednesday was the fifth day of the hearing on a clutch of petitions challenging triple talaq, polygamy, nikah halala which is going on before a bench comprising members.