The Allahabad High Court, reacting strongly about Triple Talaq said today, that the rights of any individual including Muslim women cannot be violated in the name of “personal law.”
The basic and human rights cannot be exploited on the basis of gender, added the HC. Furthermore, the court observed that, “a Muslim husband cannot give divorce in a manner which would put a question mark on equal rights.”
The personal law may be applicable only within the purview of the Constitution adding that fatwa, is not valid. Generally, fatwa is contrary to the judicial system, said the court.
The court stated that, “No fatwa can be contrary to someone’s rights.”
The Allahabad High Court, in December last year, termed the Islamic practice of divorcing a woman by uttering the word “Talaq” thrice as “unconstitutional.” The Triple Talaq practice sanctioned under the Muslim Personal Law, that governs marriage, property and divorce violates the rights of Muslim women, the court observed. The HC ruled that, “Triple Talaq is unconstitutional, it violates the rights of Muslim women,” and further added that “no personal law board is above the Constitution.”
The Supreme Court, earlier on March 30 this year, referred the triple talaq issue to a Constitution bench. A five-member bench will be constituted by the top court to hear the matter on May 11. In addition, the apex court will also be hearing a clutch of plea’s demanding a ban on the triple talaq practice.
Earlier, the All India Muslim Personal Law Board (AIMPLB) said that the petitions challenging the Triple Talaq practices, were not acceptable, as the issues fall outside the area of the secular judiciary.