Supreme Court cannot 'rewrite personal laws' or decide on validity of triple talaq: Muslim board
The All India Muslim Personal Law Board said in an affidavit that Islam permitted the practice as 'the husband is in a better position to make a decision'.
The All India Muslim Personal Law Board said on Friday that the Supreme Court cannot decide on the validity of the Islamic practice of triple talaq and interfere with the religious freedom of Muslims. It told the top court in an affidavit that it cannot "rewrite personal laws in the name of social reform", according to NDTV. "The validity of the rights in one religion can't be questioned by court. As per the Quran, divorce is essentially undesirable but permissible when needed," it said.
The board, which is the highest decision-making body of Muslims in India, said Islam permitted this form of divorce as "the husband is in a better position to make a decision because they won't make hasty decisions". The document added that triple talaq was used "only when there is a valid ground".
The constitutional validity of the age-old practice of triple talaq has been challenged by Muslim women from across the country. The apex court is hearing a number of petitions on the matter. It recently issued a notice to the Centre after hearing a plea by a Muslim woman who said she was divorced over the phone. The Bharatiya Muslim Mahila Andolan had also written a letter to the National Commission for Women, seeking their help in scrapping triple talaq.