A day after the Centre said that it would introduce a "law" to regulate marriage and divorce among Muslims if the Supreme Court scrapped triple talaq, the Congress refrained from commenting over the "sensitive issue" while expressing confidence over apex court's "ultimate" decision.
A five-judge constitution bench, headed by Chief Justice J S Khehar, is hearing arguments on the constitutional validity of the practice since Thursday.
As the issue of triple talaq is being debated in the Supreme Court, a city court has ruled that the marriage performed by a Muslim woman during the "iddat" (waiting) period is not void.
At the outset, the apex court said it was keeping open for adjudication in future, the issues of polygamy and "nikah halala" among Muslims, while the Centre insisted deliberations on these aspects as well.
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"This (enactment of the new law) can be done even now", Justice Joseph shot back, reiterating a point the bench had made last week when it asked whether the courts should intervene in a matter that Parliament appeared reluctant to touch.
"What religious practices are essential to a particular religion or faith is hard to define for this court".
The Attorney General also said what kind of religious practices are essential to a particular religion or faith was hard to define for the court.
Ambala:- Haryana minister Anil Vij today said triple talaq should be declared invalid as most of the Muslim countries have done it and also women from minority community in the country have been raising their voices against it.
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Supporting the stance of ending the practice of triple talaq, the Allahabad High Court had earlier asserted that the rights of any person, including Muslim women, can not be violated in the name of "personal law".
Last week, the All India Muslim Women Personal Law Board had argued that the instant talaq, far from being sanctioned by the Quran, actually violated the holy book's teachings of compassion. "Triple talaq is not part of religion".
Representing the government, Additional Solicitor General Tushar Mehta told the court that the Islam practiced in India was not "pure Islam" but an "anglicized" form of the religion. "All these three issues are before this court by virtue of the reference order of the two- judge bench", Rohatgi said. "We will keep them pending for future".
While hearing a few requests documented by Muslim ladies testing the act of triple talaq, the summit court watched that it would look at whether the issue is essential to religion or not.
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While hearing several pleas filed by Muslim women challenging the practice of triple talaq, the apex court observed that it would examine whether the issue is fundamental to religion or not.