New Delhi, Sep 2: The All India Muslim Personal Law Board (AIMPLB), the top decision-making body of Muslims backed the issue of ‘triple talaq’ on Friday said that the Supreme Court cannot interfere in religious freedom. The Board also stated that personal laws can’t be challenged as that would be a violation of the fundamental rights guaranteed by the Constitution, ANI reported.
The AIMPLB in its affidavit told the Supreme Court that the validity of triple Talaq cannot be decided by the Court. It also mentioned that personal laws, based on the scriptures and customs of each major religious community in India, can’t be rewritten in the name of social reform and that the courts can’t interfere in them. “Courts can’t supplant their own interpretations,” the Board said. (ALSO READ: This is India! Hindu auto rickshaw driver leaves no stone unturned for this Muslim man to attend his Friday prayers)
According to reports by NDTV, the board said the triple Talaq form of divorce is “permissible in Islam as the husband is in a better position to take a decision because they won’t take hasty decision and it is used only when there is a valid ground.” The Supreme Court has permitted NGOs and women’s organisations, including the Mumbai-based Centre for Study of Society and Secularism and the Bebaak Collective to become parties in the pending proceedings.
“When serious discords develop in a marriage and husband wants to get rid of the wife, legal compulsions and time-consuming judicial process….in extreme cases husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations `triple talaq` is a better recourse,” AIMPLB was quoted by Zee News. “Marriage is a contract in which both parties are not physically equal. A male is stronger and female is a weaker sex. Securing separation through court takes a long time deters prospects of remarriage,” it added.
A batch of petitions is being heard by a bench headed by Chief Justice TS Thakur and notices have already been issued to the All India Muslim Personal Law Board and others. All India Muslim Women Personal Law Board (AIMWPLB) president Shaista Ambar has demanded to abolish the triple talaq system.
“Muslim women have right to divorce under Khula practice. Issues of Muslim Personal Law are raised in the Supreme Court are for Parliament for decide. The Uniform Civil code is a directive principle and not enforceable. The personal laws are protected by Article 25, 26 and 29 of the Constitution as they are acts done in pursuance of a religion,” the Board added.
It was reported that the top decision-making body of Muslims referred to the Holy Quran and said scriptures don’t fall within the expression of “laws that can be challenged.” The Board also said today that Article 44 of the non-binding directive principles is not enforceable by virtue of the fact that it’s a directive. Article 44 says that the state shall endeavour to secure for citizens a uniform civil code throughout the territory of India, TOI reported.(ALSO READ: Haji Ali Dargah case: After Court’s order will Muslim clerics now allow women to enter the shrine?)
In June, during the last hearing in Supreme Court, the Muslim Law Board said that there has already been a court ruling that barred courts from examining the validity of personal law practices. TOI quoted, “If the issue whether the court can test the validity of a personal law practice – requires reconsideration, we might refer the matter to a larger bench. But, let us first examine what is the scope of the court’s adjudication power in this context,” the Court said.