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Triple Talaq : Personal laws can't be rewritten in the name of social reforms, AIMPBL tells SC

Triple Talaq : Personal laws can't be rewritten in the name of social reforms, AIMPBL tells SC

| | 02 Sep 2016, 04:52 pm
New Delhi, Sept 2 (IBNS) : Justifying triple Talaq, the All India Muslim Personal Law Board on Friday said the Supreme Court cannot interfere in religious freedom and "rewrite personal laws in the name of social reform", NDTV reports.

"The validity of triple Talaq cannot be decided by the Supreme Court", the AIMPLB said in a document in connection with the ongoing matter on the ‘triple talaq’ issue,

The apex court had last week issued notice to the Central Government on the plea of a Muslim woman challenging the Constitutional validity of 'triple talaq' to end a marriage.


The triple Talaq form of divorce is "permissible in Islam as the husband is in a better position to take a decision because they won't take hasty decision and it is used only when there is a valid ground," the board said.

Scriptures, it said, don't fall within the expression of "laws that can be challenged."

It said the  issues of marriage, divorce and maintenance differ from religion to religion and  "The validity of the rights in one religion can't be questioned by court. As per Quran divorce is essentially undesirable but permissible when needed."

The law board said it's a "misconception that a Muslim man enjoys unilateral power in divorce." Also, while Islam permits polygamy, it doesn't encourage it, said the group.

Triple Talaq has been challenged by some Muslim women, including one  Ishrat Jahan, whose husband divorced her on the phone. Jahan has argued that divorce through spoken words violates fundamental rights.

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