The Supreme Court said on Thursday it would not examine the Islamic custom of polygamy while hearing petitions challenging triple talaq, described as biased by several Muslim women who want the divorce practice scrapped.
A constitution bench of five judges, who have decided to work through the summer break, began hearing seven separate petitions challenging the divorce practice that allows a man to end his marriage by uttering the world talaq (I divorce you) thrice in a succession.
The court said it would examine if triple talaq was fundamental to Islam.
A bunch of petitions filed by Muslim women had sought an end to the divorce practice as well as polygamy, saying it violated their fundamental rights and was discriminatory.
The government, too, had told the court that triple talaq was unconstitutional and was against gender justice.
Several Muslim groups have opposed the change, saying courts and the government can’t interfere in the community’s personal laws.