Triple talaq unconstitutional, violates rights of Muslim women: Allahabad HC

The Allahabad High Court said, "Triple talaq is unconstitutional, it violates the rights of Muslim women. No personal law board is above the Constitution."

By: Express Web Desk | New Delhi | Updated: December 8, 2016 2:46 pm
Allahabad High Court, Triple talaq, talaq, muslims, islam, muslim talaq, muslims talaq, divorce, Muslim women, india news, indian express In November, the All India Muslim Personal Law Board (AIMPLB) decided to form a women’s wing to discuss the issues of talaq, among several others.

The Allahabad High Court on Thursday said that the practice of triple talaq among Muslims is unconstitutional and it violates the rights of women. The high court said that no personal law board is above the Constitution. It said, “Triple talaq is unconstitutional, it violates the rights of Muslim women. No personal law board is above the Constitution.”

READ | Allahabad HC calls triple talaq unconstitutional; BJP, Congress hail observation

The high court’s order deals with the plea by a Muslim man and his second wife seeking protection against police action. The court didn’t pronounce on legality of triple talaq saying that the Supreme Court is seized of matter but observed that the practice of triple talaq is cruel and demeaning. However, the court left the issues of divorce to the first wife through triple talaq as well as second marriage open andn simply dismissed the man’s plea of protection.

Several political parties reacted to the High Court’s say, with both the BJP and the Congress hailing the court’s observation. Muslim Law board, AIMPLB, said that its legal committee will study the verdict and observation after which it will file its appeal against the said verdict. Appreciating the court’s say, social activist Zakiya Soman said, “I welcome the verdict of Allahabad HC, its true that triple talaq is not constitutional and it must be abolished.”

WATCH:

The triple talaq refers to pronouncement of the word ‘talaq’ thrice in one go by Muslim men to divorce their wives.

Earlier this week, Islamic organisation Jamiat Ulema-i-Hind told the Supreme Court there is no scope for interference with the Muslim Personal Law in which triple talaq is deeply rooted. In the argument that it forwarded, the Jamiat stated that the Muslim Personal Law has an element of certainty and is not local or regional in operation.

“There is no scope for interference with the Muslim Personal Law, which is based on primarily the Holy Quran and the Sunnah of Prophet Muhammad, explained and applied by various scholars of great antiquity and authority after thorough research,” it said. “The protection of peculiarities in personal laws is necessary for securing freedom of religion and bringing uniformity by removing those peculiarities shall be enforcement of Uniform Civil Code by the judicial process, which shall be against the constitutional bar,” it said.

In November, the All India Muslim Personal Law Board (AIMPLB) decided to form a women’s wing to discuss the issues of talaq, among several others. AIMPLB passed a resolution in favour of triple talaq. The resolution passed at the AIMPLB’s three-day convention stated that the government was infringing into the personal laws of Muslims.

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First Published on: December 8, 2016 1:07 pm
  1. I
    Ikok
    Dec 8, 2016 at 12:32 pm
    Indian consution should support to put mandatory rights protection in Nikkah rather then competing against Islamic law of divorce.
    Reply
    1. I
      Ikok
      Dec 8, 2016 at 3:28 pm
      Instead of making law for divorce they can add claus in the Nikah to provide protection against any injust with women. This seems Hindu baboons playing with fire.
      Reply
      1. I
        indian
        Dec 8, 2016 at 1:48 pm
        Kind of ironic that an alleged Hindu nationalist government is standing up for Muslim womens' rights while self proclaimed liberals are standing up for their oppression.
        Reply
        1. D
          Dost
          Dec 9, 2016 at 1:22 am
          India got stan from Muslims. I don't need to read books and I was tought Indian History from kindergarten to Masters level. I was told pork eating Jinnah got stan for Muslims. stan for Muslims and India for Hindus. One push in 1947 would have sent all muslim to stan. Now I am told and observe that muslim were kept for vote bank politics. No sympathy for Muslim in Modi's India. It just a matter of time. No hatered buy Muslims have given misery to India or Hindus. Hindus are horified now..with muslims demands and murderous atude. What do you think, if 4 southern districts of Kashmir has territorial status changed then muslim in india will distribute sweets or lighten up masjids. Think again. NEXT MUSLIM RIOT CAMPS NOT IN INDIA but IN YOUR BELOVED STAN.
          Reply
          1. D
            Dost
            Dec 9, 2016 at 12:17 am
            Next Muslims refugees camps after next riots will be in you beloved stan. Your so called freedom fighters like pork eating Jinnah got stan for you. Muslims hate India and hate Hindus, instead of thanking them to let you stay in india after stan was created for them by Muslims based on 2 nation theory..but you want to cut cows in front of same hindus homelt;br/gt; Try building a mosque in USA or throw stone at a police offer...see what happens in a second.
            Reply
            1. U
              Uma
              Dec 8, 2016 at 5:35 pm
              I have known many Brahmin women who want to get out if the clutches of Brahmin ways of marriage and live free life. Majority of extra marital SEKS happens in Brahmin families because they get fed up with Brahmin males and they want to live a free bird. The reason for bachelor bagawat asking brahmins to have more children is many brahmins women do not lie down with Brahmin males at all. SC should immediately take up this matter since it involves SEKS and p a favorable judgement to save Brahmin women.
              Reply
              1. G
                Gopinath
                Dec 8, 2016 at 6:35 pm
                What the brahmin pigs could not achieve politically to provoke Muslims is now being attempted to through the brahmin SCOUNDRELS in courts.
                Reply
                1. G
                  Gopinath
                  Dec 8, 2016 at 5:37 pm
                  Wondering if only bhakts went bonkers. lt;br/gt;lt;br/gt;No, Dipak Mishra and courts too.
                  Reply
                  1. L
                    Lovely
                    Dec 8, 2016 at 1:50 pm
                    Bigamy is banned in many progressive Islamic states.
                    Reply
                    1. L
                      Lovely
                      Dec 8, 2016 at 8:15 am
                      Good judgement, now mullahs will weep.
                      Reply
                      1. L
                        Lovely
                        Dec 8, 2016 at 1:48 pm
                        No, I want 6 year girl and also 72 virigins in my heaven.
                        Reply
                        1. L
                          Lovely
                          Dec 9, 2016 at 2:31 pm
                          Abdul Kalam was ociated with Missiles not A Bomb
                          Reply
                          1. L
                            Lovely
                            Dec 9, 2016 at 2:30 pm
                            Because of you people innocent Muslims are suffering.
                            Reply
                            1. L
                              Lovely
                              Dec 9, 2016 at 2:29 pm
                              But but your country Pak is living on Aid from lt;br/gt;China, USA and Saudi. But India is not begging for aid
                              Reply
                              1. L
                                Lovely
                                Dec 9, 2016 at 6:43 am
                                First you excercise your option from USA, in India your condition is pathetic that no land lord wants to give a house on rent.No employment to you, no school admissions to you. What is the reason ?
                                Reply
                                1. L
                                  Lovely
                                  Dec 9, 2016 at 2:26 pm
                                  Shariat is not issue , you have to follow the law of the land. Consution is supreme, judgements are based on it.lt;br/gt;I know more than you people as far as Islam is concerned.lt;br/gt;I had privilege to visit 33 OIC countries, there are many OIC lt;br/gt;which are progressive and modern.Unfortunately, India andPaklt;br/gt;are two examples of Muslims potion who are living the life below poverty linelt;br/gt;For your information bigamy and triple talaq is banned in many OIC countries. Hence you are advised not to mislead your people with your limited knowledge
                                  Reply
                                  1. L
                                    Lovely
                                    Dec 9, 2016 at 6:40 am
                                    Why sirajuddin is down voting ? Am I wrong?
                                    Reply
                                    1. L
                                      Lovely
                                      Dec 9, 2016 at 3:04 am
                                      Country requires progressive Muslims , otherwise they will live on subsidies ,scholarshipslt;br/gt;and ghettos forever.
                                      Reply
                                      1. L
                                        Lovely
                                        Dec 9, 2016 at 3:09 am
                                        Lefties/Cong slogans will not work now. You like India or leave for some OIC country. There are excellent progressive Islamic countries like Khazikistan, Indonesia. UAE, Turkey, Syria, Lebanon, Malaysia.lt;br/gt;Go there and learn some Islamic culture.You are the victim of politics.,
                                        Reply
                                        1. L
                                          Lovely
                                          Dec 9, 2016 at 2:55 am
                                          No relevance means? You people can not co exist peacefully anywhere in the world. There is Muslim factor in all terror activities. Now Trump is waiting for you
                                          Reply
                                          1. L
                                            Lovely
                                            Dec 9, 2016 at 4:59 am
                                            There is a book called Freedom at Midnight by Larry Collins, please go through. It seems you have read more of NCERT books.lt;br/gt;As Indian Nuclear bomb is concerned it was Homi Baba atomic scientist, but he was Parsi , no Muslim was ever involved in Indian atom bomb project. Enrich your knowledge.
                                            Reply
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