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Triple talaq: Supreme Court can't interfere in religious freedom, says Muslim Personal Law Board
The Muslim Personal Law Board today told the Supreme Court it cannot interfere with religious freedom of the people during a hearing on the controversial triple talaq issue.
In an affidavit filed before the apex court, the highest decision-making body of the Muslims said the recourse to divorce and subsequent judicial delays may drive husbands to even kill their unwanted wives.
"When serious discords develop in a marriage and the husband wants to get rid of his wife, there are legal compulsions and time-consuming judicial processes. In extreme cases, a husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations, triple talaq is a better recourse," the statement said.
The affidavit then turns sexist and claims men are stronger. "Marriage is a contract in which both parties are not physically equal. Male is stronger and female is a weaker sex," it says.
The Board said the Muslim personal law were from the holy Quran and Hadith of the Prophet and were not covered by Article 13 of the constitution. Thus it could not be tested on the touchstone of fundamental rights.
The Muslim Personal Law Board said securing separation through courts takes a long time and deters prospects of further marriage. It defended polygamy as a "social practice and need", and not mean to "gratify men's lust".
The Board said Muslim women also have a right to divorce their husbands under the 'khula' practice.
Earlier this year, the Supreme Court said it would examine how far it could interfere in Muslim laws, as it heard a plea to end the practice allowing Muslim men to divorce their wives by saying "talaq" three times.
The Bharatiya Muslim Mahila Andolan (BMMA), one of the petitioners, did a survey last year which showed more than 90 percent of Muslim women want to end the "triple talaq" divorce tradition and polygamy.
http://indiatoday.intoday.in/story/...tml?utm_source=twitterfeed&utm_medium=twitter
The Muslim Personal Law Board today told the Supreme Court it cannot interfere with religious freedom of the people during a hearing on the controversial triple talaq issue.
In an affidavit filed before the apex court, the highest decision-making body of the Muslims said the recourse to divorce and subsequent judicial delays may drive husbands to even kill their unwanted wives.
"When serious discords develop in a marriage and the husband wants to get rid of his wife, there are legal compulsions and time-consuming judicial processes. In extreme cases, a husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations, triple talaq is a better recourse," the statement said.
The affidavit then turns sexist and claims men are stronger. "Marriage is a contract in which both parties are not physically equal. Male is stronger and female is a weaker sex," it says.
The Board said the Muslim personal law were from the holy Quran and Hadith of the Prophet and were not covered by Article 13 of the constitution. Thus it could not be tested on the touchstone of fundamental rights.
The Muslim Personal Law Board said securing separation through courts takes a long time and deters prospects of further marriage. It defended polygamy as a "social practice and need", and not mean to "gratify men's lust".
The Board said Muslim women also have a right to divorce their husbands under the 'khula' practice.
Earlier this year, the Supreme Court said it would examine how far it could interfere in Muslim laws, as it heard a plea to end the practice allowing Muslim men to divorce their wives by saying "talaq" three times.
The Bharatiya Muslim Mahila Andolan (BMMA), one of the petitioners, did a survey last year which showed more than 90 percent of Muslim women want to end the "triple talaq" divorce tradition and polygamy.
http://indiatoday.intoday.in/story/...tml?utm_source=twitterfeed&utm_medium=twitter
