Lucknow: The Allahabad High Court on Thursday called the practice of triple talaq among Muslims as 'unconstitutional'.
Saying that no personal law board is above the Constitution, the court held that triple talaq violates the fundamental rights of Muslim women.
"The instant divorce (triple talaq) though has been deprecated and not followed by all sects of muslim community in the country, however, is a cruel and the most demeaning form of divorce practised by the Muslim community at large. Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quoran," the court said in its observation.
"The question which disturbs the court is should Muslim wives suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives?," the court asked.
Reacting to this, Kamal Farooqui of All India Muslim Personal Law Board told CNN News18,” This is not a judgment, just an observation.”
Agreeing with him, Rashid Alvi of the Congress said, "This view of the Allahabad HC won't stand in the Supreme Court. I don't agree with what the Allahabad HC has to say.”
“No one is above the constitution and nobody should interfere in the practises of any community,” he told CNN-News18
Reacting to the news, the All India Muslim Personal Law Board has slammed the order stating that it is against Shariyat.
"The Board also plans to challenge the order in the Supreme Court," claimed Islamic scholar Rashid Firangi Mahali.
Hailing the order, Union minister Venkaiah Naidu said, "Constitution is Supreme and above religion. Allahabad Court's decision should be hailed. There should be justice."
The petition has been dismissed by the Allahabad High Court because a similar petition was heard by the Supreme Court.
It is a progressive decision (triple talaq) by court, should be welcomed by all regardless of political affiliations: Meenakshi Lekhi, BJP pic.twitter.com/awRjMb24Xa — ANI (@ANI_news) December 8, 2016
Islam is 1 of most progressive religions about women's rights. Talaq is part of Sharia law, no interference should be there: Kamal Faruqui pic.twitter.com/210VRuTkzn — ANI (@ANI_news) December 8, 2016
The High Court made the observation while hearing the petitions filed by Bulandshahr's Hina (24) and Umarbi.
The petition has been dismissed by the Allahabad High Court because a similar petition was heard by the Supreme Court.
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