The Allahabad High Court on Wednesday said the Islamic practice of triple talaq was contrary to equal rights for men and women. The bench observed that the fundamental rights of an individual should not be violated in the name of “personal law”, reported ANI.
“A Muslim husband cannot give divorce in such a manner which would put a question mark on equal rights,” the High Court observed. The bench said personal laws must adhere to the Constitution.
On April 16, Prime Minister Narendra Modi had said, “Muslim women are facing difficulties on the issue of triple talaq, we should work for solution at district level.” On the same day, the All India Muslim Personal Law Board said members of the community found misusing the Islamic practice would face social boycott.
The AIMPLB has been resisting the intereference of the judiciary into the Muslim personal law. They had explained that uttering talaq three times did not actually mean divorce. The Board had said that every utterance of the word “talaq” is made after a gap of one month, during which the man and woman are expected to attempt a reconciliation. They had also admitted that “an amendment in the rule is the need of the hour”.
Earlier, the Centre had urged the Supreme Court to declare the Islamic practices of triple talaq, nikal halala and polygamy inconsistent with Muslim women’s fundamental right to life and dignity.
The Centre had first taken an official stand against triple talaq, nikah halala and polygamy on October 7, 2016, when it had told the top court that gender equality was non-negotiable. Its written submissions will be taken up from May 11 by a five-judge vacation bench of the Supreme Court, which has been hearing a number of petitions challenging the validity of the practices.