In a landmark observation, the Allahabad High Court on Thursday came down heavily on the Islamic practice of ‘triple talaq’ and termed it ‘unconstitutional’.
Saying that no personal law board is above the Constitution, the court held that triple talaq violates the fundamental rights of Muslim women.
The court also held that this form of “instant divorce” is “cruel” and “most demeaning” which “impedes and drags India from becoming a nation”.
”Muslim law, as applied in India, has taken a course contrary to the spirit of what the Prophet or the Holy Quran laid down and the same misconception vitiates the law dealing with the wife’s right to divorce”, a single judge bench of Justice Suneet Kumar said in its judgement passed last month.
The court observed that “divorce is permissible in Islam only in case of extreme emergency. When all efforts for effecting a reconciliation have failed, the parties may proceed to a dissolution of marriage by Talaq or by Khola”.
Meanwhile, many politicians hailed the court’s progressive decision:
Allahabad HC’s verdict on triple talaq is important & should not end up like Shah Bano case: Shiv Sena chief Uddhav Thackeray pic.twitter.com/XKDQihyhiv— ANI (@ANI_news) December 8, 2016
It’s an idea that has come of age;Happy my Muslim sisters have more security to their lives: Renuka Chowdhury on verdict on triple talaq pic.twitter.com/bhnEfivKmc— ANI (@ANI_news) December 8, 2016
It is a progressive move by the court (on triple talaq). Only some orthodox people are objecting to it: R.K Singh, BJP pic.twitter.com/kbttCb4FRq— ANI (@ANI_news) December 8, 2016
It is a progressive decision (triple talaq) by court, should be welcomed by all regardless of political affiliations: Meenakshi Lekhi, BJP pic.twitter.com/awRjMb24Xa— ANI (@ANI_news) December 8, 2016
Reacting to the news, the All India Muslim Personal Law Board has slammed the order saying it has the right to appeal the court’s judgement.
Respect HC’s verdict but we’ve constitutional right to appeal agnst the verdict if not satisfied-Muslim cleric Khalid Rasheed Firangi Mahali pic.twitter.com/Iw3YTFNzjf— ANI (@ANI_news) December 8, 2016