Allahabad High Court on Triple Talaq – It is Unconstitutional and Violates Common Rights of Muslim Women

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Lucknow: On Tuesday, The Allahabad High Court stated that the old practice of triple talaq in Islam is unconstitutional and also violates the common human rights of Muslim women. In addition, the high court said, the fundamental rights of any person in India including Muslim women cannot be ignored and violated in the name of any personal laws.

 

The recent observation by Allahabad High Court came while hearing a plea filed by a person whose wife is trailing various criminal charges against him for allegedly punishing her in dowry demand and then giving her triple talaq when she refused to pay dowry.

triple talaq-allahbad-high-court

“In name of personal laws, basic rights of women cannot be ignored and violated. Muslim men can’t give divorce in such way. This is unconstitutional and against the right of equality”. As stated by the Allahabad High Court

The court also stated that the said personal laws may be valid only within the range of the Indian Constitution adding that fatwa, which is conflicting to the justice system is not valid.

 

The observation came by the court during a judgment where the man’s plea to cancel criminal actions against him was dismissed by the court. In the case, the hearing ended on April 19th and every detail of the given judgment was made public on Tuesday.

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“Triple Talaq is unconstitutional, which violates the fundamental rights of Muslim women,” ruled the Allahabad High Court while stating the judgment. We all know that earlier on March 30th, 2017, the Supreme Court also referred the issue of triple talaq to a Constitution bench, which will hear the whole matter on May 11 this year.

 

According to the sources, a five-member bench will be constituted by the Supreme Court of India to hear the matter. The top court will be hearing a clutch of various petitions demanding a complete ban on the practice of triple talaq in Islam.

 

News Source: India.com | Published: 9th May 2017

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