In a document justifying “Triple Talaq” divorce, the top decision-making body of Muslims in India today said the Supreme Court cannot interfere in religious freedom and “rewrite personal laws in the name of social reform”. The All India Muslim Personal Law Board told the court that the
Validity of Triple Talaq cannot be Decided by the Supreme Court – AIMPL Board
The triple Talaq form of divorce is “permissible in Islam as the husband is in a better position to take a decision because they won’t take hasty decision and it is used only when there is a valid ground,” the board said.
Scriptures, it said, don’t fall within the expression of “laws that can be challenged.”
Expressing that issues of marriage, separation and upkeep vary from religion to religion, the board said, “The validity of the rights in one religion can’t be questioned by court. As per Quran divorce is essentially undesirable but permissible when needed.”
The policy of Islam, the affidavit says, is that “it is better to dissolve the marriage when there is bitterness among couples.” The law board said it’s a “misconception that a Muslim man enjoys unilateral power in divorce.” Also, while Islam permits polygamy, it doesn’t encourage it, said the group.
A Supreme Court seat headed by Chief Justice TS Thakur is listening to a group of petitions on the contention between basic guarantees in the constitution and individual laws in the nation.
Triple Talaq has been challenged by some Muslim ladies. Among them is Ishrat Jahan, whose spouse separated her on the telephone. Ms Jahan has contended that separation through spoken words abuses basic rights.
Ms Jahan affirms that she was prevented the authority from securing her four kids aged around 7 and 12 years furthermore denied of property rights over her husband’ss home. In July, in view of these requests for the annulment of the triple talaq, the Supreme Court required a more extensive verbal confrontation.