Triple Talaq Unconstitutional, Says Allahabad High Court

Muslim women in Srinagar. Representational image. Credit: Wikimedia Commons

Muslim women in Srinagar. Representational image. Credit: Wikimedia Commons

The Allahabad high court has declared the practice of triple talaq unconstitutional, saying that it violates the rights of Muslim women. The practice – which under Muslim personal law permits men to divorce their wives by pronouncing the word ‘talaq’ thrice – has been rigorously debated in recent times with the Shayara Bano case. While the All India Muslim Personal Law Board (AIMPLB) has defended the practice, the Bharatiya Muslim Mahila Andolan (BMMA) has maintained a prolonged campaign against triple talaq in particular and the rights of Muslim women in general.

The central government had also entered the fray, submitting an affidavit to the Supreme Court against triple talaq – a move that was vehemently opposed by the AIMPLB who were quick to submit a counter affidavit claiming that the practice is an essential religious practice.

According to a report in the Hindustan Times, the Allahabad high court, in its judgement said that no personal law board was above the constitution.

With regard to the high court’s pronouncement, Zakia Soman of the BMMA told The Wire, “This is a welcome pronouncement and it will definitely support our petition in the Supreme Court. Triple talaq is neither Quranic nor constitutional.”

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