Triple Talaq is cruelty against Muslim women, rules court


Allahabad, Dec 8 (IANS): In a landmark ruling, the Allahabad High Court on Thursday termed Triple Talaq as "cruelty against Muslim women" and said no "Personal Law Board" was above the Constitution.

The judgement came during the hearing of two petitions filed by Hina and Umarbee, two residents of Bulandshahr in Uttar Pradesh. 

The single bench of Justice Suneet Kumar also said that nowhere in the Holy Quran was divorce considered correct. 

The court also dismissed the petitions for relief under the Triple Talaq norm, saying the issue was under the Supreme Court's consideration.

The court observed that the Islamic law was being wrongly interpreted.

Triple Talaq is interpreted as the Islamic practice of divorcing a woman by uttering the word 'talaq' thrice. Most Muslim countries do not approve of it. 

The All India Muslim Personal Law Board (AIMPLB) said the decision of the court was "not in line with the Shariyat" and that it will be challenged in a higher court. 

Islamic scholar and AIMPLB member Khalid Rashid Firangi Mahali said the Indian Constitution gave full freedom to Muslims to follow their personal laws. 

An earlier story quoted the high court as saying that Triple Talaq was unconstitutional.

The concept of Triple Talaq has come under attack from Muslim women activists.

They say that Triple Talaq, Nikah Halala and polygamy violate women's equality and dignity and need to be abolished.

According to them, the Constitution allows personal laws to uphold diversity and pluralism and does not sanction violations of principles of gender justice.

  

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Comment on this article

  • SMR, Karkala

    Fri, Dec 09 2016

    From Allahbad High court Judges,social media to Prime Minister everybody is shedding their tears for broken marriage.

    The tears should have been reserved for mending relations and women empowerment.

    Triple Talaq is provision in Holy book of Quran.In Islam marraige is contract.If bride side wants more clause be added before wedding they can.It also gives equal rights women to break off.

    Constitution has given rights to practice and propagate their own religion.

    Did court has current statistical survey of divorce rate and reasons of each religion exist in India?

    Is Judges has the full knowledge of Islamic Holy book before passing any verdict?

    Why religious heads are not consulted and opinion is not gathered?

    Jai hind

    DisAgree [1] Agree Reply Report Abuse

  • Logical Indian, Kudla

    Fri, Dec 09 2016

    I'm missing... Chapter No... Verse no...???

    DisAgree Agree [2] Reply Report Abuse

  • Ahmed K.C., Mangalore

    Fri, Dec 09 2016

    There is no "triple talaq" in one go in islam. Some ignorant muslims are misusing this term.
    Talaq i.e, divorce in islam is long process and it's disliked by God.
    However, what court did should have done by ulemas.

    DisAgree [2] Agree [7] Reply Report Abuse

  • moshu, Mangalore

    Fri, Dec 09 2016

    Isko kahte hai musalmano ke jazbaton se khelna. Modi and paid media playing role in it despite knowing the process of triple talaq and it is not threat to muslims women.
    Its a myth and havoc created by RSS backed govt and heavily influenced over court judges for fullfill their hidden agenda. In reality the women, dalits belongs to majority community deprived from their rights. The indian courts has to stop dual approach.

    DisAgree [2] Agree [2] Reply Report Abuse

  • Don, Mangalore

    Fri, Dec 09 2016

    My Muslim friends,

    The winds of change are blowing very strongly across the whole world and it is time to change, and the time is NOW.

    Women & minorities living in Muslims lands should be treated better, and since you'll have not brought about a change in 1400 years it is time to live your lives in line with the 21st century.

    It is best the leaders of your community do all that is takes to effect all those necessary changes if not Outside forces an/or the State will be forced to intervene and enforce those changes.

    DisAgree [2] Agree [4] Reply Report Abuse

  • Rezy, Mlore/Mct

    Fri, Dec 09 2016

    There is a big misunderstanding here.

    If a policeman does a mistake that does not mean, the police department and system itself is wrong and it should be banned.

    Sameway, the system of Talaq in Islam is based on support and all the good means to the Women. There are many cases of people misusing this Talaq system and we cannot deny that few womens have suffered, but comparitively and when sumed together they hardly form 1% of total Talaq settled well.

    Also the constitution has already given freedom for people to follow their religion since independence, then why all this drama now? why are we seeing so many changed in suspicious manner?

    If this continues, civil war is not too far.

    DisAgree [1] Agree [2] Reply Report Abuse

  • TRUE INDIAN , IXE

    Thu, Dec 08 2016

    TRIPLE TALAQ IS ONLY IN INDIA AND PAKISTAN.

    NO WHERE IN QURAN SAYS SO.

    QURAN GIVES 3 MONTH COURSE TIME.

    ITS ANTI ISLAMIC.

    SHOW ME A SINGLE VERSE WHICH SAYS SO.

    DisAgree Agree [3] Reply Report Abuse

  • Charles D'Mello, Pangala

    Thu, Dec 08 2016

    I too feel it is cruelty. Divorce must not be so easy anyway without valid reasons.

    DisAgree [7] Agree [18] Reply Report Abuse

  • Rita D'Souza, Mangalore

    Fri, Dec 09 2016

    If the spouse inflicts cruelty is it not okay for a woman to walk out of this wedlock?

    DisAgree Agree [1] Reply Report Abuse

  • m, mangalore

    Thu, Dec 08 2016

    Where are the comments?
    Till now some people were saying modi govt were doing this. Now its the court saying this. Both the congress and BJP have welcomed this move.

    DisAgree [5] Agree [23] Reply Report Abuse

  • Ahmed, Bangalore

    Thu, Dec 08 2016

    What Congress and BJP has to do with internal affair of a Muslims?

    Who cares what their opinion is. Even if court contradicts with Islamic laws, we discard such rulings of any court.

    Before giving judgement on Religious matter the Judge first should embrace that Religion and underatand and practice that Religion well, else it's the same as Muslim preaching in Temple and Father preaching in Masjid.

    DisAgree [8] Agree [2] Reply Report Abuse

  • Rohan Pinto, Mangalore

    Thu, Dec 08 2016

    If it so, why then central government delay to implement civilized laws, the uniform civil code.

    DisAgree [6] Agree [12] Reply Report Abuse

  • nazeer Husain, Jeddah Saudi arabia

    Thu, Dec 08 2016

    We still remember the failed convincing verdict of babri majid six years back .Now another effort to intrrfere in shariah.No human being can rewrite the rules made by almighty allah.If any issues about islamic interpretation there are islamic schollars to fix it.Sorry for some news channel anchors or legal professionals.

    DisAgree [47] Agree [12] Reply Report Abuse

  • L. D'Cunha, Canada

    Fri, Dec 09 2016

    Allah did not write Shariat. People wrote the rules and regulations according to their belief to the followers of Islam. Most of the rules are for the advantage of men but not for women. Therefore men are saying this is from Allah. The sixth century rules are no good in the current century.

    DisAgree Agree [5] Reply Report Abuse

  • m, Mangalore

    Fri, Dec 09 2016

    Thats the same thing they told when sati and child marriage was being abolished.if you implement the complete sharia, no indian muslim would want it.The present one is a watered down version.

    DisAgree Agree [2] Reply Report Abuse

  • KRPrabhu, Kudla/Bangalore

    Fri, Dec 09 2016

    In the name of religion young generation are not allowed to move ahead socially economically...

    DisAgree Agree [6] Reply Report Abuse

  • Anil, Mp

    Fri, Dec 09 2016

    @ Nazzer... In some Muslim country Triple Talaq is banned... Can you tell us how they changed the rule....

    DisAgree [3] Agree [9] Reply Report Abuse

  • Saihu, mangalore/Dubai

    Thu, Dec 08 2016

    The judgement of honorable court shall be accepted by AIMPB (All india muslim personal law board) as the same ruling has been accepted by majority of the muslim countries in the world. pertaining to personal law, it is provision within the law where special acts has been allowed for all the major religions and sect and constitution gives right to every citizen of India to practice and propagate his religion.

    DisAgree [1] Agree [7] Reply Report Abuse

  • D.Shetty, Mangalore / Bahrain

    Thu, Dec 08 2016

    Where are intellectuals of this forum... please need your thoughtful words ..waiting..

    DisAgree [5] Agree [19] Reply Report Abuse

  • Rohan Pinto, Mangalore

    Fri, Dec 09 2016

    Wait, they are in deep sleep now, They will flood here later,

    DisAgree [1] Agree [3] Reply Report Abuse

  • Swamy, Mangalore

    Thu, Dec 08 2016

    If we truly believe in God and his creation is from his limitless love without partiality and distinction his every creation has specific purpose and plan, then Talaaq is invented for self gain when Islam came into existence. Don't go against god's plan of creation and its creation.

    DisAgree [2] Agree [10] Reply Report Abuse


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