The Supreme Court is expected to pass its order on the constitutional validity of the Islamic practice of triple talaq on Tuesday. The five-judge apex court bench, led by Justice JS Khehar, had concluded its six consecutive day hearings of arguments from all the parties and petitioners involved in May.

The Centre had sought to de-link the social practice from the tenets of Islam by stressing that it was a violation of gender equality. The All India Muslim Personal Law Board had told the Supreme Court that the practice of triple talaq was a matter of faith, and ruled out the question of constitutional morality and equity.

On May 11, when the court began to hear seven petitions challenging the controversial Islamic practice of oral divorce, it had clarified that it would not hear pleas challenging polygamy. However, on May 18, the court had reserved its order in the triple talaq case.

During the hearing, the All India Muslim Personal Law Board had said that it could include certain clauses in the “nikahnama” to protect the interests of women in a marriage contract. The board’s lawyer also said that Muslim women had the right to pronounce triple talaq in all forms, and also ask for a steep “mehr” amount in case of divorce.

On May 23, the All India Muslim Personal Law Board had submitted a fresh affidavit in the Supreme Court saying Muslims resorting to triple talaq will face social boycott. This will help in reducing the number of triple talaq instances, the board said, adding that it would issue an advisory to qazis who perform nikahnama (marriage contract) to warn the grooms against triple talaq.