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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
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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)

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Triple Talaq Now Banned In India

While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched.

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Indian Muslim women talk while walking through a market in Ahmadabad, India. VOA

India’s government on Wednesday approved an ordinance to implement a top court ruling striking down the Muslim practice that allows men to instantly divorce.

The government decision came after it failed to get approval of Parliament a year after the court ruled that the practice of triple “talaq” violated the constitutional rights of Muslim women.

Most of the 170 million Muslims in India are Sunnis governed by the Muslim Personal Law for family matters and disputes. The laws include allowing men to divorce by simply uttering the Arabic word “talaq,” or divorce, three times — and not necessarily consecutively, but at any time, and by any medium, including telephone, text message or social media post.

Muslim
Triple Talaq continues to plague lives of  women, VOA News

The government will have another six months to get Parliament’s approval for the ordinance to become law. But in the meantime, suspects can be prosecuted using the ordinance.

Law Minister Ravi Shankar Prasad said that nearly 22 countries, including neighboring Pakistan and Bangladesh, have banned the practice and appealed to the opposition to approve the Muslim Women Protection of Rights on Marriage Bill.

India’s Muslim Law Board had told the court that while they considered the practice wrong, they opposed any court intervention and asked that the matter be left to the community. But several progressive Muslim activists decried the law board’s position.

Muslim
Muslim women hold placards during a protest against a bill passed by India’s lower house of Parliament last week that aims at prosecuting Muslim men who divorce their wives through the “triple talaq,” or instant divorce. VOA

After the Supreme Court verdict, Prime Minister Narendra Modi’s government introduced a bill criminalizing the practice and it was approved in December by the lower house of Parliament, where his party commands a majority. But it couldn’t get the approval of the upper house, where the opposition controls the majority of seats.

The main opposition Congress party is opposing a three-year prison sentence for the offenders and wants a parliamentary committee to discuss the issue to reach a consensus. It favors a lesser sentence.

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In India, triple talaq has continued with the protection of laws that allow Muslim, Christian and Hindu communities to follow religious laws in matters like marriage, divorce, inheritance and adoption. While most Hindu personal laws have been overhauled and codified over the years, Muslim laws have been left to religious authorities and left largely untouched. (VOA)