The Allahabad High Court on Thursday Dec 08,2016 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 ” 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.”
The High Court made the observation while hearing the petitions filed by Bulandshahr's Hina (24) and Umarbi.
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 ” 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.”
The High Court made the observation while hearing the petitions filed by Bulandshahr's Hina (24) and Umarbi.
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