Javed Akhtar condemns Muslim personal law board

The s affidavit comes after a Muslim woman, who was divorced by her husband through a phone call from Dubai, challenged the Muslim practices of polygamy, triple talaq (talaq-e-bidat) and nikah halala, leading the Supreme Court to seek response from the Centre on her plea.

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. The board defended triple talaq rights given to Mulsim men and said the practice provided an easy mode to end marriages that had irretrievably broken down.

The AIMPLB said that such a step would violate Part III of the Constitution and that Article 44 is only a directive which is not enforced, thereby implying that the courts can not interfere in the matters of the personal laws.

The board said though it was the “least appreciated” form of terminating a marriage, yet it was “very much effective” and in line with the Shariat law.

According to BMMMA more than 60,000 men and women have endorsed the demand of Muslim women to abolish the practice of triple talaq.

Resorting to the final defence of “triple talaq”, the AIMPLB has told the court to stay away from personal laws because fundamental rights would be violated if the court touched cultural and religious rights. Former National Commission for Women member Shamina Shafiq said no woman would have moved court had the board sat down and listened to their problems.

The apex court by its October 16 order had directed its registry to file a PIL to address the issue of the rights of Muslim women in respect of concerning marriage, divorce and maintenance.

The AIMPLB in its affidavit filed before the Supreme Court has backed the issue of “triple talaq”.

If that weren’t enough to convince the court, the AIMPLB has also offered this wise counsel: “A marriage is a contract in which the two parties are not physically equal”. Male is stronger and female is a weaker sex.

“Personal laws of a community can not be rewritten in the name of social reform.the institution of marriage is differently looked upon by different religions”. The Board said that it is “sin” under Islam to pronounce divorce until there exists compelling grounds where both husband and wife are unable to fulfil their marital obligations.

This plea that arrives before the Supreme Court is slated to take a hearing on the ‘triple talaq’ matter (unilateral instant divorce where the the husband pronounces the word ‘talaq’ thrice and causes separation) on 6 September. The Supreme Court said that it would examine it could understand the nitty-gritties of Muslim law and come up with a solution.