On Friday (May 12th) during a hearing on triple talaq in front of the constitution bench of five judges of the Supreme Court headed by Chief Justice JS Kehar, former Union Minister and senior advocate Arif Mohammad Khan said that giving triple talaq in one time is against the Islamic Shariya and it is like the burial of Muslim women alive.

Arif Mohammad Khan told the apex court, "With triple talaq, they want to bury the Muslim women alive."

The hearing began on Thursday (May 11th) in the Supreme Court on the issue of triple talaq. The case was heard on Friday for the second consecutive day.

Arif Mohammad Khan had resigned from the then Rajiv Gandhi government in 1986 to protest the Shah Bano issue.

Arif Mohammad Khan compared the triple talaq with the tradition of buried alive girls before the arrival of Islam in Saudi Arabia.

Arif Mohammad Khan told the Supreme Court that triple talaq are the modern form of the same tradition.

The court asked that is triple talaq the basic element of Islam? On this, Arif Mohammad Khan said, "It is not far from basic or sacred. This is against the teachings of the Quran."

Arif Mohammad Khan, criticizing the All India Muslim Personal Law Board, said, "It has brought Islamic law to a ridiculous level."

The Supreme Court is hearing seven petitions related to triple talaq and Nikah Halala. Five of these petitions were filed by Muslim women.

The Supreme Court made clear on the first day of the hearing that the court will not consider the prevailing polygamy in this hearing.

Arif Mohammad Khan had sought permission from the court to appear before the court in this case. Arif Mohammad Khan also criticized various Islamic Shariya. Arif Mohammad Khan said to the apex court, "These are not made according to the need of Islam, but according to the sultanate .... After the death of the Prophet, the people who had been established by them made Sultans."

In the constitution bench hearing the case, besides Chief Justice Kher, Justice Kurien Joseph, UU Lalit, RF Nariman and Abdul Nazir are included.

Senior advocate Ram Jethmalani appeared on behalf of a female petitioner and an NGO called Forum for Awareness of National Security. Jethmalani said during the hearing, "This practice is contrary to the teachings of the Prophet" and it violates the Indian Constitution.

Jethmalani told the court that under the policy guidelines of the state, it is the responsibility of the government to implement the same civil code. Jethmalani said to the court, "At least start with the same law as the marriage of husband and wife."

In this case, former law minister and senior advocate Salman Khurshid, appointed Amicus Curie (justice friend), told the court, "Triple talaq can not be justified, nor can it be judicial validity."

Chief Justice Khehar wanted to know whether the triple talaq is prevalent in other countries outside of India and whether there is any non-Islamic country that has ended it. On this, the advocates told the court that many Islamic countries have abolished this practice and Sri Lanka like non-Islamic country has prohibited triple talaq.

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