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.”

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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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  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
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