Indian Court: Islamic Divorce Practice Unconstitutional

The Islamic practice of triple talaq that allows a man to part from his wife just by uttering the word ‘divorce’ three times is unconstitutional and violates the rights of Muslim women, an Indian court said Thursday.

“The instant divorce (triple talaq) though has been deprecated and not followed by all sects of [the] Muslim community in the country, however, [it] is a cruel and most demeaning form of divorce practiced by the Muslim community at large,” observed the High Court in Allahabad, Uttar Pradesh state.

“Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quran,” the court said.

The court’s observation has come as a significant boost to several women petitioners who have challenged gender-biased practices in Islamic personal law, such as triple talaq and polygamy – which allows Muslim men to have four wives – in the Supreme Court.

“The question which disturbs the court is should Muslim wives suffer this tyranny for all times. Should their [Muslim] personal law remain so cruel toward these unfortunate wives,” the Allahabad High Court said.

In Hindu-majority India, where nearly 180 million Muslims make up the largest religious minority, there is no single civil law for all of its 1.25 billion citizens.

Muslim civil law is governed by the All India Muslim Personal Law Board (AIMPLB), which has resisted attempts to modernize its ostensibly Sharia-based laws and opposed any interference from the government.

On Thursday, the board questioned the rights of the courts to intervene in matters related to religious beliefs.

“This is not just about triple talaq. One has to deliberate on the issue on a broader scale as the ramifications of such observations are extremely sweeping,” Kamal Faruqui, AIMPLB’s executive committee member, told BenarNews.

“The issue is of religious rights enshrined in our constitution. Thus the question arises whether courts can interpret or intervene in religious rights and beliefs,” he said.

“Our board is looking at this issue from a nationwide perspective. Such interventions have to take into account the populace across the country,” Faruqui said.