Allahabad High Court on Thursday (8th December,2016) has taken a historical decision on Triple Talaq. Like to tell you that High Court termed triple talaq is unconstitutional and also called it as the violation of the rights of Muslim women. High Court strictly said, “no Personal Law Board is above the Constitution.”
Triple talaq refers to a Muslim man’s Islamic right to divorce his wife by mere unequivocal statement of the word ‘talaq’, repeated thrice in one go. A number of Muslim women and organisations have moved various courts across India challenging the validity of ‘triple talaq’.
The order was passed by Justice Suneet Kumar while hearing a petition filed by a woman who claimed her husband arbitrarily divorced her. Justice Kumar also said that triple talaq can’t be given arbitrarily. “Personal Law cannot be above the Constitutional law,” he stated
However after the decision made by honourable High Court of Allahabad the All India Muslim Personal Law Board (AIMPLB) said it has the right to appeal the court’s judgement. “We respect the verdict of the High Court but the constitution has given us the right to file an appeal against any order,” said the AIMPLB’s Maulana Khalid Rasheed Firangi Mahali. He added that the order would be studied by AIMPLB’s legal committee so it can be challenged.
“About the practice being unconstitutional, I just have to say that the practice is a part of Islamic law. The personal law is an integral part of Islam and the two cannot be seen in isolation,” Mahali added.
In order to protect muslim women dignity and provide them equal right in society present central government has asked the apex court to re-look these practices, calling them violative of fundamental rights like gender equality and the ethos of secularism, a key part of the Constitution.
The All India Muslim Personal Law Board (AIMPLB), meanwhile, has rubbished the stand taken by the Centre and has strongly opposed the move against triple talaq and imposition of uniform civil code, saying divine Sharia laws regarding marriage, divorce and adaptation cannot be modified or altered by any person or authority.
Supreme Court is also hearing a petition challenging the validity of triple talaq, as several individuals and NGOs have sought a ban on its practice.
Like to tell you that many Islamists practitioners have opposed the verdict of Allahbad High Court by saying that it is a part of Islamic laws and court should not interfere in this matter.