Hyderabad: The women’s wing of the All India Muslim Personal Law Board (AIMPLB) has termed as “contradictory” and “fractured” the judgement of the Supreme Court on triple talaq.
Dr Asma Zehra, chief organiser of the women’s wing of the AIMPLB told IANS that the judgement is confusing.
She said that while they respect the judgement, they do not appreciate interference in the Muslim Personal Law as right to religious freedom is a fundamental right guaranteed under the Constitution.
She also believed that the legislation on the issue could open doors for interference in the Muslim Personal Law.
Noting that the practice is already vanishing in the Muslim community, she said the judgement will have very little impact on society.
Zehra claimed that triple talaq does not always work against women. “Many a time it is an exit mechanism to relieve women from unsuccessful and troublesome marriages.”
“Talaq is a non-issue and divorce rate is the least in the Muslim community. Muslims have divorce rate of only 0.5 per cent whereas it is 1.64 per cent in Hindu community,” she said.
Condemning the politicisation of the issue, she said: “The ruling party, the fringe elements and the so-called Muslim women organisations who had initiated this media campaign and movement against triple talaq couldn’t get much out of the judgement.”
According to her, the first part of the judgement is in favour and supportive of Muslim Personal Law while in the second part, two judges stated that this practice cannot be protected under Article 25.
She said Chief Justice J.S. Khehar and Justice S. Abdul Nazeer have stated that only the issue of “talaq-e-biddat needs re-examination”. The two judges also observed that it’s not correct for the court to go into different ‘Hadith’ and comment on them.
They said the practice of triple talaq is protected by Article 25 and does not contravene Article 14, 15 and 21.
“Article 25 is a fundamental right and it cannot be set aside on ground of judicial morality. International convention and practices of other countries are of no avail as practice of triple talaq is protected by Article 25,” Zehra said quoting the two judges.