HYDERABAD: On a day when the Allahabad High Court said the practice of triple talaq among Muslims is unconstitutional and violates the rights of Muslim women, Islamic scholars here reiterate their view that courts of law should not interfere with Shariat.
Instant triple talaq is an act of giving divorce to one’s wife.
“No personal law board is above the Constitution,” the court ruled on Thursday. The observation made by the court drew reaction from various organisations, women, rights activists and legal fraternity.
Hamid Mohammad Khan, president of Jamat-e- Islami Hind, Telanagana and Odisha zone, said, “It is not the court’s responsibility to intervene in personal law. I agree that there are things which are wrong with triple talaq. But such happenings, I believe, stink of well-planned steps to counter Islam in general for imposing a uniform civil code (UCC) on us. Shariat is not above the Constitution.”
Meanwhile, Maulana Syed Abedi, president of South India Shia Ulema Councils, said, “Interfering with the Shariat is not the court’s right. Only Sunnis follow the practice of triple talaq. One who does not like to abide by the Shariat should convert from one’s religion,” he said.
Claiming that she holds strong views on the subject, Hyderabad High Court advocate Anjana Taggarse said, “Triple talaq under Muslim personal law as practised by Muslims in India is against the tenets of the Constitution and the court’s ruling is on sound ground and is justifiable.” Muslim religious leaders would oppose any legislative or judicial intervention in the matter as it would weaken their hold over members of their denomination. Islamic personal law comes within the definition of ‘law’. The triple talaq is violative of the fundamental rights of a Muslim woman, she said.
Shahida, head of the department of women education at Maulana Azad National Urdu University (MANUU), said the practice of instant divorce is un-Islamic. However, she said, the criticism of triple talaq, which is a modern day evil, should not be taken as a criticism of Shariat or Islam in general.
Muslim Personal Law Board to file plea with SC
Saying that the Allahabad High Court’s observation on triple talaq on Thursday reminds him of its judgment on Babri Mosque, Tehreek Amjed Ullah Khan, the spokesperson of Majlis Bachao, said that his organisation has appealed to All India Muslim Personal Law Board (AIMPLB) to file a plea with the Supreme Court against the court’s observation on triple talaq. “The observation from the High Court on triple talaq reminds me of its judgement on Babri Masjid on September 30,2010,” he said.
“Yes, its true that AIMPLB had appealed against Allahabad High Court’s judgment on Babri Masjid in 2010......We all should wait for the final outcome to decide the future course,” the spokesperson noted.