Divorce is better than killing: Muslim law board

New Delhi: The All India Muslim Personal Law Board (AIMPLB), defending the validity of the triple talaq before the SC, said that if this practice is discontinued, then a man could burn or murder his wife alive to get rid of her. They also said that personal laws cannot be rewritten or challenged in the name of the social reforms as that would violate the Part III of the Constitution. Article 44 is only a directive and is not enforceable, the courts cannot interfere in the matter, they said on Friday according to the reports.

Triple talaq , under which a Muslim man can repeat the word ‘talaq’ three times to divorce his wife, which violate the women’s right to equality, as several women have told the SC.

The AIMPLB, is a non-governmental institution that oversees Muslim personal law. It said that the Muslim law gave husbands the power to divorce as they were emotionally more stable, have greater power of decision making.

The board was responding to the court’s decision to examine the gender bias in Muslim law to ensure that a woman’s right to equality was not violated anywhere. 

In the past, there were many instances where the matter about triple talaq has been raised before the court of law.  In December last, a bench headed by Chief Justice, commented on the matter of the triple talaq and stated, “If a victim of the triple talaq comes to the court and questions about the validity of the procedure, we can surely examine all the legality of triple talaq and find out whether it violated her fundamental rights or not”.

In India there are separate personal laws for each religion, governing marriage, succession, divorce, maintenance  and adoption.

Activists have long argued that Muslim personal law, which has remained mostly unchanged, is tilted against women. To end the confusion over personal laws, the court has been advocating a uniform civil code, a political hot potato. The AIMPLB said that the constitutional provision on uniform civil code was not enforceable.

On the practice of the polygamy, the board said, “Quran, Hadith and the consensus view allow Muslim men to have up to four wives.” It said Islam permits polygamy but did not encourage it.

These types of cases resulted in the Parliament passing a law which overrides SC verdict, giving a divorced Muslim woman a better maintenance than what she has got before under the personal laws.

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