Hyderabad: All India Muslim Personal Law Board Secretary and Spokesperson, Maulana Khalid Saifullah Rehmani in a press release said that the attempt of Govt. of India to enact a legislation banning triple talaq is interference in Islamic Sharia.
Talaq (divorce) is a religious issue and when divorce is pronounced, the woman becomes unlawful for the husband. Invalidating Triple Talaq will force them to stay together and this act is sinful and amounts to adultery in Islam.
He further told that according to Article 25 of Constitution of India, every citizen is free to practice his religion which is a fundamental right. The proposed step which Govt. of India intends to take is a conspiracy to deprive Muslims of their fundamental rights.
He also stressed that misuse of law does not call for its abolishment. Indian Constitution has a provision to impose emergency but when this provision was misused in 1976, ruling party lost the next elections. When opposition party came to power they condemn the emergency but kept the law intact.
AIMPLB is trying to stop misuse of Triple Talaq and campaigning throughout India to create awareness about the same. Indian Govt. should take sincere efforts to resolve the difficulties faced by the divorcee women and should refrain from enacting a law. Maulana Rehmani added that if Govt. tries to enact a law, every attempt would be made to stop it and it will also be challenged in the court of law.
The five judges’ constitutional bench of Supreme Court by a majority verdict set aside the practice of divorce through Triple Talaq among Muslims, saying the practice was void, illegal and unconstitutional on 22 August.
Muslim Personal Law Board hailed the verdict as a huge victory for them as the judgement vindicates their stand and ensures the fundamental right of citizens of this country to freely profess and practice their religious faith or belief.
Justice Nariman and Justice Lalit held Triple Talaq unconstitutional on the basis of right to equality; Justice Joseph held that since triple divorce is not mentioned in the Quran, it is not a part of Sharia and Justice Khehar and Justice Nazeer held that Muslim Personal Law is not a ‘law’ as held by the SC and cannot be held unconstitutional although both judges suggest Central Government to make a legislation as “unacceptable practices in different religions, have come about only by way of legislative intervention”.