The apex court has stated that it would first examine whether the Islamic divorce practice 'is fundamental to religion'.
New Delhi: Senior Congress leader Salman Khurshid, who is the amicus curiae in the ongoing triple talaq case, said before the Supreme Court on Friday that the controversial Islamic divorce system cannot be justified whatsoever.
Citing examples, Khurshid told the court that the triple talaq practice cannot be validated constitutionally.
"There was a discussion that whether triple talaq is valid constitutionally. Substantiating my view with reasons and examples, I asserted that it cannot be justified and cannot be given law's validation," Khurshid said during the hearing which entered its second day on Friday.
A five-judge constitution bench, headed by Chief Justice JS Khehar, started hearing arguments earlier on Friday on the constitutional validity of the practice of 'instant triple talaq' or talaq-e-bidat.
The apex court has stated that it would first examine whether the Islamic divorce practice "is fundamental to religion" and whether it falls in the category of enforceable fundamental rights.
The apex court further observed that it would not hear the polygamy issue along with the triple talaq case.
The top court on Thursday began hearing several pleas filed by Muslim women against the practice of triple talaq.
The five-judge Constitution Bench of the apex court is headed by Chief Justice Jagdish Singh Khehar and four other judges, namely Justices Kurian Joseph, Rohinton Fali Nariman, Uday Umesh Lalit and S Abdul Nazeer.
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, cannot be violated in the name of 'personal law'.
The court further said basic and human rights cannot be exploited on the basis of gender.
"A Muslim husband cannot give a divorce in such a manner which would put a question mark on equal rights," the court observed.