The court was also informed during Friday's hearing that many countries such as Pakistan, Afghanistan, Morocco and Saudi Arabia do not allow triple talaq to dissolve marriages.
There are "school of thoughts (which) say that triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims," Justice Rohinton Fali Nariman, a member of the five-judge constitution bench said.
Justice Nariman's observation when senior advocate Salman Khurshid, who was asked to assist the court, appeared to suggest that the practice of triple talaq was optional. That women had the right to stipulate in the 'nikahnama', or marriage contract that the husband would not have the right to divorce through triple talaq.
The court has made it clear right in the beginning that it would examine if triple talaq is an essential part of Islam. If this is the case, it would not go any further.
On Thursday, the judges had wondered how Muslim men would divorce if the court were to strike down triple talaq. The bench that also comprises Justice Kurian Joseph, Justice Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer was concerned that if the legislature did not act, such a verdict could create a legal vacuum.
Ram Jethmalani, who is representing one of the petitioners, called triple talaq abhorrent to the tenets of holy Quran because it makes a distinction on the ground of sex. "No amount of advocacy can or will save this sinful, repugnant practice which is contrary to the constitutional provisions," he added. "No law can allow a wife to become an ex-wife "at the fancy of the husband" and it is "the highest kind unconstitutional behaviour", he said.
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