AIMWPLB opposes ‘triple talaq’:Will move the SC

04 September, Lucknow

The All India Muslim Women Personal Law Board (AIMWPLB) has criticised the Muslim personal law board for backing the triple talaq in its affidavit filed before the Supreme Court.The women board said it was a regressive move on the part of the male dominated All India Muslim Personal Law Board (AIMPLB).

“The All India Muslim Personal Law Board (AIMPLB) has filed the affidavit in the supreme court only to hide its failures to implement the social reforms in the muslim community and its failure to make the institution of shariat courts effective”, said Shaista Amber, chairperson of the AIMWPLB Sunday.

Ms Amber said here she would also file a petition before the Supreme Court seeking her organisation to be impleaded as party to the writ petition pending before the Apex Court challenging the legal validity of the ‘triple talaq’ and other issues of Muslim personal law.

She said she would also file an affidavit before the Supreme Court to challenge the affidavit filed by the All India Muslim Personal Law Board.

“Had the Darul Qaza (Shariat courts) been successful in dispensing justice to the destitute women divorced by their husbands in flagrant violation of the Shariat law, no Muslim women would have knocked the door of the Supreme Court”, said Ms Ambar alleging that the Shariat courts have never done justice with the women as they are hardly ever given an opportunity by the Qazi to narrate her side of the story as to why she was divorced by her husband. She said in large number of cases the Muslim men have made the mockery of the Muslim personal law by announcing Talaq by SMS, Whatsapp and other social media sites.

She said the All India Muslim Personal Law Board has never taken any action against such blatant misuse of the Muslim personal law for divorce.

Demanding a Muslim Marriage Act on the lines of the Hindu marriage act, Ms Amber said,”the Parliament must consider legislating a law for the Muslim based on the holy book Koran containing all the provisions of the Islamic law on issues like succession, marriage and divorce to put an end to the arbitrary interpretation of the present Muslim personal law thereby preventing the exploitation of the poor Muslim women.”

The AIMPLB in its affidavit filed before the Supreme Court has backed the issue of ‘triple talaq’. The Board said the Supreme Court cannot interfere in religious freedom.
The Board also stated that personal laws can’t be challenged as that would be a violation of the fundamental rights guaranteed by the Constitution.

The AIMPLB said in its affidavit that the validity of triple talaq cannot be decided by the Supreme Court. It also mentioned that personal laws, based on the scriptures and customs of each major religious community in India, can’t be rewritten in the name of social reform and that the courts can’t interfere in them. “Courts can’t supplant their own interpretations,” the Board said.

Meanwhile Zafaryaab Jilani, member of the AIMPLB said,”in our affidavit we have quoted various judgements of the Supreme court where the apex court had held that it cannot interfere in the matters of the personal law as per the provisions of the Article 14 of the Constitution.” He said there was no flaw in the personal law but sometimes the conduct of the people fail to interpret the true spirit of the Muslim Personal Law.