The All India Muslim Personal Law Board on Monday told the Supreme Court that talaq and polygamy are integral parts of the religion of Sunni Muslims and the court cannot alter the sanctity of personal laws.
Adducing its written submissions in a bunch of matters that have challenged the validity of triple talaq and polygamy, the board said Islam was one of the first religions to grant equal rights to women and it was a misconception that women were discriminated against in marriage and divorce.
“Talaq, Halala and Polygamy are all integral parts of the religion of Sunni Muslims following four schools of thought provided by the Holy Quran and thus being essential to the religion of Islam are protected by virtue of Articles 25, 26 and 29 of the Constitution,” it said.
The organisation contended that Muslim Personal Law was a cultural issue inextricably interwoven with the religion of Islam. Thus, it was the issue of freedom of conscience and free profession, practice and propagation of religion guaranteed under Article 25 and 26 read with Article 29 of the Constitution.
The written submission, settled by senior advocate Raju Ramachandran, said the apex court ought not to venture into the area of changing personal laws by following a trend in other countries, as such a move would be in conflict with the democratic principles as enshrined in the Indian Constitution.