Muslim Triple Talaq Held Unconstitutional

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Allahabad High Court terms Triple Talaq ‘unconstitutional’; Observes, no personal law is above the constitution and it violates the rights of Muslim women.

The triple talaq refers to pronouncement of the word ‘talaq’ thrice in one go by Muslim men to divorce their wives.

Coming down heavily on the practice of “triple talaq”, the Allahabad High Court has held that this form of “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.

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”.

The high court’s order deals with the plea by a Muslim man and his second wife seeking protection against police action.

Reaction of Muslim Bodies:

Muslim Law board, AIMPLB, said that its legal committee will study the verdict and observation after which it will file its appeal against the said verdict.

Earlier, Islamic organisation Jamiat Ulema-i-Hind told the Supreme Court there is no scope for interference with the Muslim Personal Law in which triple talaq is deeply rooted. In the argument that it forwarded, the Jamiat stated that the Muslim Personal Law has an element of certainty and is not local or regional in operation.

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