The Allahabad High Court today said that practice of triple talaq as per the Islamic law is unconstitutional and it violates the rights of women.
Commenting on the All India Muslim Personal Law Board’s contention that triple talaq is necessary as per the Islamic law, the court said that no ‘Personal Law Board in the country is above the Constitution’.
The High Court’s observation comes at a time when a debate has emerged over the government's stand opposing the practice of triple talaq in the Supreme Court.
The government has maintained that triple talaq keeps women ‘deprived of their rights’ and that justice should be given to Muslim women as per the Constitution of the country.
The influential All India Muslim Personal Law Board has, however, defended the practice, arguing it is better to divorce a woman than kill her.
The rights bestowed by religion can’t be questioned in a court of law, it had said.
The triple talaq is a Sharia law practice which allows men to end a marriage, simply by saying "talaq" — or divorce, to their wives, three times in succession.
The matter is at present pending before the Supreme Court where government has made it clear that it favours abolishing the process, holding it as discrimination against women and against the constitutional right of equality.
