Personal laws like marriage, divorce and maintenance can't be challenged by the court as it would be a violation of the fundamental rights provided by the Constitution, said the All India Muslim Personal Law Board in the Supreme Court on Friday. The apex court took on a PIL questioning the triple talaq system in Islam suo moto along with petitions from aggrieved women and NGOs.
The issue was taken up by the court last year after a woman, Shayara Banu, who was divorced by her husband after 12 years of marriage without any alimony, contested the law. Another woman from West Bengal, Ishrat Jahan, recently challenged it in the court as the woman's four children were taken away by her ex-husband.
Customs of a religion can't be changed in the name of social reform, the board said on Friday.
"The validity of the rights in one religion can't be questioned by court. As per Quran divorce is essentially undesirable but permissible when needed," the board said. Triple Talaq is "permissible in Islam as the husband is in a better position to take a decision because they won't take hasty decision and it is used only when there is a valid ground," the board said.
The court has mulled over establishing a Uniform Civil Code in India that would make laws equal for everyone, irrespective of someone's religion. However, the Islamic board said that Article 44 of the non-binding directive principles is not enforceable by virtue of the fact that it's a directive.
The apex court, which said it has an open mind about the issue, had called for a larger debate on the matter. Now, various NGOs and individuals have become parties to the case.
In a related incident, a Muslim seminary in Bareilly recently said that women can also use triple talaq for divorce.
