Allahabad, Dec. 8: 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.
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.
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.
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.
