Taking into consideration women’s right, Today The Allahabad high court said that divorcing a woman as an Islamic practice by saying the word “talaq” three times successively is unconstitutional and violates the rights of Muslim women.
Allahabad high court said in its order “Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution,” This order was passed by Justice Suneet Kumar while observing and dismissing the petition filed by a 23-year-old Hina and her husband, 30 years older, who divorced his wife to marry her.
They have been several petitions in the Supreme court regarding triple talaq by women saying that they have been allegedly divorced via social networking sites likes Facebook, Whatsapp, and Skype.
Justice Kumar also included. “Personal Law cannot be above the Constitutional law,” and triple talaq cannot be given arbitrarily he stated.
Prime Minister Narendra Modi made it clear by saying that they should be no discrimination and no atrocity towards women on the basis of religion “Those who want to digress from triple talaq are instigating people…in the country, lives of Muslim women cannot be allowed to be ruined by triple talaq,” he stated it at a rally in UP.
The All India Muslim Personal Law Board (AIMPLB) strongly opposed to the court’s verdict by saying that it has the right to appeal the court’s judgment. “We respect the verdict of the High Court but the constitution has given us the right to file an appeal against any order,” AIMPLB’s Maulana Khalid Rasheed Firangi Mahali stated.
He also said that the court order would be thoroughly studied by AIMPLB’s legal committee so it can be challenged and appealed to its judgment.
“About the practice being unconstitutional, I just have to say that the practice is a part of Islamic law. The personal law is an integral part of Islam and the two cannot be seen in isolation,”Mahali stated.