SC has said that personal laws cannot be tested by courts on the grounds of violation of fundamental rights: AIMPLB
IndiaTomorrow.net,
New Delhi, Aug 22: The All India Muslim Personal Law Board (AIMPLB) has welcomed today’s Supreme Court order “since it accords protection to Muslim personal law and says that personal laws cannot be tested by courts on the grounds of violation of fundamental rights.”
“We, as a representative body, welcome the judgment of the Hon’ble Supreme Court since it accords protection to Muslim personal law and says that personal laws cannot be tested by courts on the grounds of violation of fundamental rights,” said AIMPLB in a statement.
“The majority (comprising Chief Justice J.S. Khehar and Justice Abdul Nazir, with Justice Kurian Joseph agreeing) has accorded personal laws the status of a fundamental right being protected under the right to practise religion contained in Article 25. This is a huge victory for us as the judgment vindicates our stand and ensures the fundamental right of citizens of this country to freely profess and practice their religious faith/beliefs.”
“This judgement shall ensure non-interference by the courts in matters of practices emanating from religious texts and belief systems of different communities. Ultimately, the judgment has upheld the essence of fundamental rights ensured to the citizens of this country,” said the board.
On the apex court order declaring instant Triple Talaq as unconstitutional and invalid, the board said it had already submitted to the court that it did not consider instant Triple Talaq as the best way or pronouncing Talaq and it had been discouraging the practice.
“Insofar as the practice of talaq-e-biddat is concerned, we had already submitted to the court that the practice of three pronouncements of Talaq in one sitting, though it has basis in religious texts and belief thereon, is not the best way of pronouncing Talaq and various surveys suggest that it is seldom resorted to. For a long time, we ourselves have taken steps to discourage this practice through community reform programmes and Model Form of Nikahnama issued by the Board.”
“In the affidavit filed on May 22 this year, we had already informed the Supreme Court about our stand for issuing instructions to the Maulvis/Qazis to incorporate conditions in the Nikahnama to provide for the option to the marrying parties to exclude the option of pronouncing three times talaq in one sitting, in case of divorce taking place. We are aware that many Muslims believe talaq-e-biddat, meaning triple talaq given in one sitting, has basis in religious belief/practice,” it said.
“However, while we accept the judgement, we will examine the issues of its implementation and will work to resolve the same.”
The board further said that this verdict “cannot be misused by the Government to try to interfere with personal laws through legislation.”
