Stating that personal laws could not be over and above the Constitution, the Allahabad High Court on Tuesday ruled that the practice of ‘triple talaq’ was a violation of the Constitution.
A single-judge bench of Justice S P Kesarvani gave the ruling while hearing a petition filed by the husband of a Muslim woman seeking quashing of a dowry harassment case filed against him by her.
In his plea, Aqueel Jamil stated that he had already divorced his wife through triple talaq and had also obtained a ‘fatwa’ (religious decree) declaring that the divorce was in accordance with the ‘shariat’ (Islamic law).
“Any fatwa which is against the legal system has no meaning,” the court said. The bench also said that the fundamental rights of a Muslim woman cannot be violated in the name of personal laws.
“A man cannot divorce his wife in a way that violates the right to equality and life,” it said.
The All India Muslim Personal Law Board (AIMPLB) said that courts should refrain from interfering in religious matters. “The Constitution has guaranteed every citizen religious freedom,” a board member said.
The AIMPLB had in its recent executive committee meeting stated that the practice of triple talaq was proper and in accordance with the shariat, though it had appealed to Muslims not to resort to it.
BJP leaders, including Prime Minister Narendra Modi, have expressed their opposition to triple talaq. The issue is currently pending before the Supreme Court.
Published 09 May 2017, 21:04 IST