If triple talaq is termed illegal, then soon Islam would cease to exist: AIMPLB to Supreme Court

New Delhi: The All India Muslim Personal Law Board (AIMPLB) strongly opposed the pleas challenging triple talaq, 'nikah halala' and polygamy among Muslims in Supreme Court on Monday.

While putting forward its arguments before the apex court bench, the AIMPLB said that triple talaq mode of divorce can't be termed illegal as “if such casual denunciation of the verses of the holy book is permitted, then soon Islam would cease to exist.”

The Board said the plea challenging the practices like the polygamy were not maintainable as the issues fell outside the realm of judiciary.

AIMPLB further contended that divorce is a private matter and it cannot be enforced by bringing it under the ambit of fundamental rights.

"At the outset, it is submitted that the present petitions are not maintainable as the petitioners seek to enforce fundamental rights against private parties,” AIMPLB told the SC.

The Board said the validity of Mohammedan Law, founded essentially on the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution. It said there was a need for "judicial restraint" before going into constitutional interpretation of these unless such an exercise becomes unavoidable.

"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," it said.

Over one million Muslims sign petition against triple talaq

In a significant development, over a million Muslims from across India, have called for the end of controversial divorce practice of triple talaq.

A petition started by the Muslim Rashtriya Manch (MRM), an Islamic organisation affiliated with the Rashtriya Swayamsevak Sangh (RSS), calling for the abolition of triple talaq, has received signatures of more over a million Muslims from across India with women in majority.

Several women have filed a petition before the Supreme Court seeking the quashing of the triple talaq practice.

The top court has been urged to spell out whether practice of 'talaq-e-bidat', 'nikah halala' and polygamy were compatible with India's obligations under the international treaties and covenants to which it is a signatory.

The government had cited the instances of changes in marriage laws in Iran, Egypt, Indonesia, Turkey, Tunisia, Morocco, Afghanistan, Bangladesh and Pakistan.

The Centre also urged the court to examine whether Article 25 (1) was subject to Part III of the Constitution spelling out the Fundamental Rights, particularly the right to equality before law and protection of life and personal liberty.

'Nikah halala' means a man cannot remarry a woman after triple talaq unless she has already consummated her marriage with another man and then her new husband dies or divorces her.

Ministry of Law and Justice had referred to constitutional principles like gender equality, secularism, international covenants, religious practices and marital law prevalent in various Islamic countries.

Responding to a batch of petitions including the one filed by Shayaro Bano challenging the validity of such practices among Muslims, the Centre had first dealt with the right of gender equality under the Constitution.

All India Muslim Personal Law Board, however, had rubbished the stand taken by the Narendra Modi government that the apex court should re-look these practices as they are violative of fundamental rights like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution.

Another prominent Islamic organisation Jamiat Ulema-i- Hind had told the court there is no scope for interference with the Muslim Personal Law in which triple talaq, 'nikah halala' and polygamy are well rooted and stand on much higher pedestal as compared to other customs.