"Even the Holy Quran terms the practice a wrongful act," the bench added.

Triple talaq unconstitutional violates rights of women Allahabad HC
news Triple Talaq Thursday, December 08, 2016 - 13:41

The Allahabad High Court on Thursday ruled that ‘triple talaq’ was unconstitutional.

A high court bench said the concept violated human rights and that personal law of any community cannot be placed above the Constitution.

"Triple Talaq violates the rights of Muslim women," the bench said. 

"No personal law board is above the Constitution," the bench said, in an apparent reference to the All India Muslim Personal Law Board that favours triple talaq. 

"Even the Holy Quran terms the practice a wrongful act," the bench added. 

Triple talaq is interpreted as the Islamic practice of divorcing a woman by uttering the word talaq thrice. Most Muslim countries do not approve of it. 

The court’s ruling sparked immediate reactions.

Kamal Faruqui of the All India Muslim Personal Law Board told ANI, “Constitution gives me right to follow my religion. Its observation by court, not decision.”

He further said that Islam is one of the most progressive religions about women’s rights, talaq is part of Sharia law and there should be no interference.

Meenakshi Lekhi of the BJP said it is a progressive decision which should be welcomed by all, irrespective of political affiliations.

This should have happened long ago and I am happy that my Muslim sisters will have more rights in life, said Renuka Chowdhury of the Congress.

Meanwhile, Muslim cleric Khalid Rasheed Firangi Mahali said that while the All India Muslim Personal Law Board (AIMPLB) respect the HC’s verdict, they have a constitutional right to appeal against the verdict if not satisfied.

The AIMPLB’s legal committee will study the observation and then file its appeal, he added.

Earlier in October, the Union government had told the Supreme Court that 'triple talaq', 'nikaah halaal' and polygamy as practised by the Muslims in India were not "integral to the practices of Islam or essential religious practices."

 

Also Read: Triple talaq, polygamy not integral to Islamic practices, govt tells SC

(With IANS inputs)

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