Everything you wanted to know regarding high court judgment on triple talaq
Allahabad, High Court: Although the Quran guides a person for everything, from business related to personal issues so it is impossible to understand why issues like divorce is reject as invalid, especially by legal procedure. A woman has no rights to divorce as per the Quran.
What is triple talaq:
Divorce in Islam involves the pronouncement by a husband of the Arabic phrase ṭalāq (lit. "I divorce you") to his wife. The mere pronouncement of the phrase by a man divorces him from his wife, although many countries today have additional procedures to register divorces, especially after attempts at reconciliation have been exhausted. Three simultaneous declarations of divorce are considered three separate divorces, after which the couple are considered to be permanently separated and cannot remarry without meeting certain conditions.
Allahabad High Court
Taking the side of women in the fight with the male dominated society, the Allahabad High Court today called the triple talaq 'unconstitutional' and added that it violates the rights of Muslim women.
Statement by Allahabad High Court
"Triple talaq is unconstitutional; it violates the rights of Muslim women. No Personal Law Board is above the Constitution".
The Uniform Civil Code, Islam even calls for a universal law for people regardless of their religion or caste. Upon that, if there exists a uniform criminal law, then why not the same for a civil one, quoted Dawood my friend.
The court was hearing a petition filed by a woman who claimed that her husband arbitrarily divorced her. The order was passed by Justice Suneel Kumar. Stating that triple talaq cannot be given arbitrarily, Justice Kumar mentioned, "Personal Law cannot be above the Constitutional law."
All India Muslim Personal Law Board (AIMPLB) said that it has the right to appeal the court's judgement. Maulana Khalid Rasheed Firangi Mahali of AIMPLB said, "We respect the verdict of the High Court but the constitution has given us the right to file an appeal against any order."
The Supreme Court of India is also hearing a petition challenging the validity of triple talaq after several individuals and Non-Government Organizations raised objection against it. In a first, the government too has come out in favor of opposing the practice of triple talaq in the apex court.
The issue of triple talaq must be coming to a solution, to make the women of our society to have equal rights in the male dominated Society.