The SC further said that a Constitution Bench will hear the matter.
Earlier, the SC said it had to examine if personal law practices like the triple talaq were the “fundamental traits” of the minority religion.
While the All India Muslim Personal Law Board had also argued that the Supreme Court had no jurisdiction to strike down any provisions of personal law, organisations and Muslim women from various walks of life across the country urged the court to strike down triple talaq and polygamy as “un-Islamic”.
The AIMPLB said the petitions, filed by a plethora of Muslim women against the practices, were misconceived.
“The preamble of the Constitution clearly enshrines values of liberty of thought, expression, belief, faith and worship,” the AIMPLB argued in an affidavit filed before the court earlier.
The government had earlier opposed the AIMPLB stand in court that triple talaq was intended to save the family from delayed justice in conventional courts and to avoid mud-slinging in public.
The Board had contended that concern and sympathy for women lay at the core of polygamy. That it was a better option for a “barren” wife to allow her husband to marry a second time than let him indulge in a “mistress”.
The Centre had countered that in a secular democracy, any practice which left women socially, financially or emotionally vulnerable or subject to the whims and caprice of men folk was incompatible with the letter and spirit of Articles 14 and 15.”