On Monday, in a written submission to the Supreme Court, the All India Muslim Personal Law Board (AIMPLB) said pleas challenging the practices of triple talaq, ‘nikah halala’ and polygamy among Muslims were not maintainable, as the issues fell outside the realm of judiciary.
The Board asserted that the practice of triple talaq, ‘nikah halala’ and polygamy are integral parts of the faith for Sunni muslims, and that Islam was one of the first religions in the world to grant equal rights to women, reported The Indian Express.
Talaq, Halala and Polygamy are all integral parts of the religion of Sunni Muslims following four schools of thought provided by the Holy Quran and thus being essential to the religion of Islam are protected by virtue of Articles 25, 26 and 29 of the Constitution.
The AIMPLB claimed the petitions were "misconceived" and the challenge was based on incorrect understanding of the Muslim Personal law, contending the Constitution grants freedom to every religious section to manage its own affairs in matters of religion.
The Mohammedan Law is founded essentially on the Holy Quran and sources based on the Holy Quran and thus it cannot fall within the purview of the expression ‘laws in force’, as mentioned in Article 13 of the Constitution of India, and hence its validity cannot be tested on a challenge based on Part III of the Constitution.
The Board added that declaring triple talaq illegal would amount to serious consequences akin to disobeying the Quran. It argued that the apex court should take care not to apply changes made in other countries to the Indian context.
It is important to note that changes in other countries, with a distinct socio-cultural and even legal background must not be applied in Indian context without appreciating the distinct nature of the Indian society as doing so shall not only destroy the democratic legislative process underlined in the Constitution of India but it shall also be great injustice to the followers of Islam in our nation.
The apex court had earlier said it would decide issues pertaining to "legal" aspects of the practices of triple talaq, 'nikah halala' and polygamy among Muslims and would not deal with the question whether divorce under Muslim law needs to be supervised by courts as it falls under the legislative domain.
The court will likely hear the issue on 30 March.
(With inputs from PTI)