New Delhi: The Allahabad High Court (HC) on Thursday called ‘triple talaq’, the Islamic practice of divorcing a woman by saying the word ‘talaq’ three successive times, unconstitutional and a violation of women’s rights.
“Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution,” the Court observed.
The order was passed by Justice Suneet Kumar while hearing a petition filed by a Muslim woman who claimed that her husband arbitrarily divorced her.
“The instant divorce (triple talaq) though has been deprecated and not followed by all sects of Muslim community in the country, however, is a cruel and the most demeaning form of divorce practised by the Muslim community at large. Women cannot remain at the mercy of the patriarchal set-up held under the clutches of sundry clerics having their own interpretation of the holy Quran,” the Court said.
“The question which disturbs the court is should Muslim wives suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives?,” the HC asked.
Reacting to the order, the All India Muslim Personal Law Board (AIMPLB) said it has the right to appeal the court’s judgement.
“We respect the verdict of the High Court, but the Constitution has given us the right to file an appeal against any order. The order would be studied by AIMPLB’s legal committee so it can be challenged,” AIMPLB’s senior member Maulana Khalid Rasheed Firangi Mahali said.
He added that ‘triple talaq’ was part of Sharia and, hence, should not be interfered with.
“About the practice being unconstitutional, I just have to say that the practice is a part of Sharia. The personal law is an integral part of Islam and the two cannot be seen in isolation,” Mahali said.
Another senior AIMPLB member Kamal Faruqui also said the courts should not interfere with religious rights guaranteed by the Constitution itself.
“Islam is one of the most progressive religions on women’s rights. Talaq is part of Sharia, so no interference should be there. The Constitution gives me the right to follow my religion,” he said.
Union Information and Broadcasting Minister Venkaiah Naidu welcomed the court’s observation.
“The Constitution is supreme and it is above religion. The Allahabad High Court’s observation is to be hailed and atrocities against women should not be there,” he said.
Senior Congress leader Renuka Chowdhury also hailed the decision.
“I wholeheartedly welcome the order. This should have happened long ago. I am happy that my Muslim sisters will have more rights, more security and dignity in their lives. It is an idea that has come of age,” Chowdhury said.
The Supreme Court is also hearing some petitions regarding the validity of ‘triple talaq.’ The central government, in its affidavit filed in the Court last month, opposed the practice.
“The issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality,” the central government submitted.
Also Prime Minister Narendra Modi had recently said his government would not allow gender discrimination on the basis of religion.
“In democracy, there should be discussion. The government has put forward its position. Those who want to digress from triple talaq are instigating people ... in the country, lives of Muslim women cannot be allowed to be ruined by triple talaq,” he said at a rally in Uttar Pradesh.