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In a landmark ruling, Allahabad High Court terms Triple Talaq as “cruelty against Muslim women,” says no “Personal Law Board” is above Constitution

The judgement came during the hearing of two petitions filed by Hina and Umarbee, two residents of Bulandshahr in Uttar Pradesh

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In Goa, oral divorce and polygamy is not allowed to Muslims
A Muslim Woman. Wikimedia

Allahabad, December 8, 2016: In a landmark ruling, the Allahabad High Court on Thursday termed Triple Talaq as “cruelty against Muslim women” and said no “Personal Law Board” was above the Constitution.

The judgement came during the hearing of two petitions filed by Hina and Umarbee, two residents of Bulandshahr in Uttar Pradesh.

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The single bench of Justice Suneet Kumar also said that nowhere in the Holy Quran was divorce considered correct.

The court also dismissed the petitions for relief under the Triple Talaq norm, saying the issue was under the Supreme Court’s consideration.

The court observed that the Islamic law was being wrongly interpreted.

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.

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The All India Muslim Personal Law Board (AIMPLB) said the decision of the court was “not in line with the Shariyat” and that it will be challenged in a higher court.

Islamic scholar and AIMPLB member Khalid Rashid Firangi Mahali said the Indian Constitution gave full freedom to Muslims to follow their personal laws.

An earlier story quoted the high court as saying that Triple Talaq was unconstitutional.

The concept of Triple Talaq has come under attack from Muslim women activists.

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They say that Triple Talaq, Nikah Halala and polygamy violate women’s equality and dignity and need to be abolished.

According to them, the Constitution allows personal laws to uphold diversity and pluralism and does not sanction violations of principles of gender justice. (IANS)

Next Story

Triple Talaq Act is Not a Commodity, Nor are Women Doormats

Where are the conscious intellectuals in the country now, like those award-wapsi groups; and why is the media holding back from denouncing the perpetuation of the baneful practice?

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If we don’t cry now, Triple Talaq, and such other vices, might go digital, and burn millions of households.

BY: SALIL GEWALI

Election season in India is like a festival for many. For some parties’ workers, it is an occasion for joy, and merrymaking too. This is also the time when leaders respond to your phone calls! They hardly miss to send you even birthday wishes, thanks to the automated reminders that help even unkind leaders to put on the face of kindness and generosity with ease.

Well, a flurry of promises is now being made. Some are logical while some are very illogical. Some are even unconstitutional and outrageous. And this all goes to prove that certain political leaders can go to any extent for votes. Their aspirational leaders speak out without thinking. The prime objective is to please the voters. Moreover, making promises does not cost anything.

In the process of pleasing some, certain leaders have grievously hurt many others. They are also now unashamedly getting at Triple Talaq Act. They are bargaining with the certain voters over this as a saleable commodity. Is it not a sore point with female folks? Just imagine how hurt the fathers of million daughters in the country must be.  Again, a sane person should agree that Triple Talaq has been heavily misinterpreted and thus abused for centuries, as all the laid down strict conditions are ignored and moral associated overlooked. Even our immediate neighbor Pakistan, an Islamic country has long abandoned it because of the increasing misuse of the Islamic law.

Triple Talaq
Political leaders can go to any extent for votes and their aspirational leaders speak out without thinking. Their prime objective is to please the voters.

Yes, we well know how hard the present government had fought with the adversaries to bring in the bill against this regressive custom. Modi government certainly deserves the praises for this bold step forward. This bill will definitely save both men and women in many aspects.  Women from their husbands’ atrocities and men from committing sin!

But now, with the MP election around the corner, the certain parties are stooping low to take advantage of this much-abused practice. In their course of campaign, the leaders are claiming that they will revoke the bill if voted to power. What is most disgusting is that even the woman leaders of Congress party, without a sense of guilt, are boasting about that their party will instantly restore the Triple Talaq. Is it not a very dangerous development itself? True, when people lust after one thing, they simply forget that they are walking on the path of vices! Where are the conscious intellectuals in the country now, like those award-wapsi groups; and why is the media holding back from denouncing the perpetuation of the baneful practice? This is indeed a real tragedy! 

Do we want the cutting edge of modern technology to be used to break off the marriage? Many marital ties have been severed by mere a phone call? Are women doormats or disposal items? One very upset mother of three daughters says —  ‘this misused practice has literally reduced the millions of talented women to living corpses!’ 

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If the election and democracy are only to help get society to be more godless then we are definitely heading towards the anarchy. So damning, the leaders, who commit themselves to ensure the bright future for the society and better governance, can thus set about dragging the society into the whirlpool oppression, repression, and frustration. How on earth could we trust such kind of leaders and bet on their integrity? Have they not equally brought a bad name to other leaders of integrity?  Come on, let’s wake up and cry hard for the leaders of principle and moral who in fact can honestly promise to douse the fire of vices. If we don’t cry now, Triple Talaq, and such other vices, might go digital, and burn millions of households.

Salil Gewali is a well-known writer and author of ‘Great minds on India’. Twitter: @SGewali.