Triple talaq to be tested on touchstone of Constitution: Supreme Court

NEW DELHI: The Supreme Court debate on the constitutional validity of triple talaq, polygamy and nikah halala initiated by Muslim women’s groups against such practices may not be restricted to the personal law of that religion and may take on board similar customs perceived as discriminatory in other faiths as well.

These include property rights of women as evident in the laws of succession and inheritance. Most religions have personal laws that exist alongside secular ones such as the Indian Inheritance Act and the Succession Act that give men and women an equal share in property.

Chief Justice TS Thakur was not averse to a suggestion to this effect —to extend the area covered in arguments — made by senior advocate Huzzefa Ahmadi, who appeared for Shayra Bano, who is fighting against her husband’s bid to divorce her through mail by repeating the word talaq three times. Another Muslim woman from Jaipur divorced through Speed Post urged the court to declare such practices unconstitutional.

The Bharatiya Muslim Mahila Andolan (BMMA) unsuccessfully urged the court to rein in the strident public discourse on TV shows and other media in the wake of the petitions. “The All India Muslim Personal Law Board (AIMPLB) is just another registered society. The AIMPLB cannot dictate what is Muslim personal law,” Farham Faiz, arguing for the BMMA, told the court. “AIMPLB is creating a lot of hype and misinforming the people… The AIMPLB is telling people they have to go to qazis. Why should we when we have a Constitution?” Thakur adjourned the case for further hearing until September 6.