Allahabad High Court Terms Triple Talaq Unconstitutional

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The Allahabad High Court coming down on “triple talaq” says the triple talaq system violates the rights of Muslim women. The court says “No Personal Law Board is above the Constitution”. Slamming All India Muslim Personal Law Board’s stand of supporting triple talaq.

triple talaq

The High Court said that, “Instant divorce is cruel and most demeaning which impedes and drags India from becoming a nation”.

“Muslim law, as applied in India, has taken a course contrary to the spirit of what the Prophet or the Holy Quran laid down and the same misconception vitiates the law dealing with the wife’s right to divorce”, a single judge bench of Justice Suneet Kumar said in its judgement passed last month.

The single bench judge also said that the Muslim holy book Quran does not consider triple talaq as good.

The court observed that “divorce is permissible in Islam only in case of extreme emergency. When all efforts for effecting a reconciliation have failed, the parties may proceed to a dissolution of marriage by Talaq or by Khola”.

Also Read: Uniform Civil Code and Triple Talaaq – Check out full information and debate here

The order comes after a Muslim woman from Bulandshahar, whose husband divorced her as per triple talaq rule, filed a petition.

Triple talaq is an Islamic practice by which man can divorce a woman by saying “Talaq”‘ thrice. The Supreme Court is also hearing a petition challenging this practice. The center government asked to ban the divorce practice. But the AIMPLB is opposing the center’s move.

PM Modi had condemned the political leaders and people who support this. Saying, such discussions on triple talaq would keep women “deprived of their rights” in his speeches.

“I request people who participate in TV debates to not make women rights a Hindu-Muslim issue. It is a development issue. The debate should be between the Muslims who are pro and anti-reforms,” says PM Modi.

He also said that justice would be given to Muslim women under the Constitution.

 

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