Triple talaq: Muslim personal body says SC has no right to interfere

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In a reply filed in the Supreme Court, the AIMPLB on September 2 stated that the Supreme Court cannot interfere in religious freedom.

In a affidavit, the All India Muslims Personal Law Board (AIMPLB) stated, “The rights in one religion can’t be questioned by court. According to Quran, divorce is essentially undesirable, but permissible when needed.” Personal laws can’t be challenged in a court of law, as that would violate the fundamental rights given to each individual by the Indian Constitution.

Stating that issues of marriage, divorce and maintenance differ from religion to religion, the AIMPLB stated that the topmost court of the land was not eligible to decide the validity of “triple talaq”. It stated “triple talaq” as a form of divorce is permissible in Islam and the power is used only when there is a valid ground.

The AIMPLB stated that Article 44 of the non-binding directive principles could not be enforced as it was that it’s a directive. Article 44 states the state shall endeavour to secure for the citizens a uniform civil code throughout India.

It be mentioned the court had examined the effect of “triple talaq” vis-a-vis Muslim women’s rights last year.