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In an almost anticlimactic end to the complex arguments advanced during the six-day hearing on triple talaq, the Constitutional Bench led by Chief Justice JS Khehar asked whether a clause could be inserted in the nikahnama, the Muslim marriage contract, restraining the husband from pronouncing instant divorce. Since the Muslim marriage is contractual and the bride’s consent is essential, it is within the Islamic precept to specify the nature of her consent. The ulema, specifically the All India Muslim Personal Law Board, could easily have taken this simple step decades ago, in response to demands made by some Muslim women’s groups, but they let the controversy simmer. Now, the board must carry out the direction of the Supreme Court lest it lose its autonomy to govern the affairs of the community through a legislation brought in by a right-wing government. Interestingly, the Supreme Court’s directive has served to underline the progressive nature of the Muslim marriage, and the agenc...