While dismissing a petition on November 5, Justice Suneet Kumar of Alalhabad Hogh court had observed that "the Muslim husband enjoys an arbitrary , unilateral power to inflict instant divorce" does not tie in with Islamic laws. Kumar said in his observation that personal laws of any community cannot claim the supremacy over the rights granted to the individuals by the Constitution that stands for equality and non-discrimination.
"Women cannot remain at the mercy of the patriarchal set up held under the clutches of sundry clerics having their own interpretation of the holy Quran. Triple talaq has been deprecated and not followed by all sects of Muslim community in the country ," the court said.
Muslim women "continue to suffer bias". "India is a nation in the making, geographical boundaries alone do not define a nation. It is to be, amongst others, on the parameter of overall human development and how society in particular treat their women. Leaving such a large population to the whims and fancy of personal law, which perpetuates gender inequality and is regressive, is not in the interest of society and the country .It impedes and drags India from becoming a nation," Justice Kumar observed.
"To begin with, the HC has said the Constitution is supreme and article 25 of the same gives Muslims right to freedom of practising our religion," said Maulana Wali Rehman, AIMPLB general secretary. "Our stand is very clear on the issue that the court should not interfere in issues of Shariyat," he added.
"Our stand in the apex court is very clear--though triple talaq is un desirable and condemnable if initiated on frivolous grounds, divorce comes into effect as per the Shariyat," Member of AIMPLB's executive committee Zafaryab Jilani said.
“Issues related to any religion have to be dealt with by the experts of the religion who practise the same," said Maulana Salman Nadvi of Nadwatul Ulema.
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