The-12-05-17 five-judge bench hearing the proceedings on ‘triple talaq’ on Friday observed that the practice is of the “worst and undesirable form” of dissolution of marriage among Muslims. However, the SC also noted that different schools of thought in Islam considered the term triple talaq to be legal.
Chief Justice of India JS Khehar, in response to Khurshid’s statement, questioned him on how something that is considered abhorrent in Islam can be made lawful.Justice R Nariman observed that one should see the difference between theory and practicality at present context in connection with both Nikah and Talaq in Islam.The SC wanted a list of countries that considered triple talaq to be legal and specifically asked for the stand of Saudi Arabia.
The bench was then informed that countries like Pakistan, Afghanistan, Morocco and Saudi Arabia do not allow triple talaq as a form to dissolve marriages. The bench further sought to know the reason behind the other countries not considering the validity of the practice in Islam.