From suo motu to judgment: The arguments for and against triple talaq

SC intervention in triple talaq amounts to judicial legislation: AIMPLB

The All India Muslim Personal Law Board (AIMPLB) on Tuesday told the Supreme Court that any interference by the apex court in Muslim personal laws, including triple talaq, will amount to “judicial legislation.”

Personal laws cannot be altered or tinkered with on the justification that they violate the fundamental rights of Muslim women like gender equality and the ethos of secularism, a key part of the basic structure of the Constitution.

Opposing the Law Commission of India’s fresh endeavour on the Uniform Civil Code, the AIMPLB said the Code was only part of the Directive Principles of State Policy and is “not enforceable.”

“Personal laws of a community cannot be re-written in the name of social reform ... courts cannot supplant their own interpretations over the text of scriptures. Muslim personal law provides for the practices of marriage, divorce and maintenance, and these practices are based on the holy scriptures — Al-Quran and sources based on Al-Quran,” the Board countered the Centre’s stand that Muslim personal laws violate constitutionally guaranteed rights of gender equality.

‘Violative of powers’

“If this court proceeds to examine questions of Muslim personal laws and lays down special rules for Muslim women in matters concerning marriage, divorce and maintenance, it would amount to judicial legislation and will be violative of doctrine of separation of powers,” AIMPLB Secretary Mohammed Fazlurrahim contended in an affidavit filed in the Supreme Court on Tuesday.

The Government had opposed the AIMPLB stand in court that triple talaq was intended to save the family from delayed justice in conventional courts and to avoid mud-slinging in public. The Board had contended that concern and sympathy for women lay at the core of polygamy. That it was a better option for a “barren” wife to allow her husband to marry a second time than let him indulge in a “mistress.”

Centre’s counter

The Centre had countered that in a secular democracy, any practice which left women socially, financially or emotionally vulnerable or subject to the whims and caprice of men-folk was incompatible with the letter and spirit of Articles 14 and 15 of the Constitution.”

It sought the apex court to declare the law whether in a secular democracy, religion could be a reason to deny equal status and dignity available to women under the Constitution.

Our code of editorial values

This article is closed for comments.
Please Email the Editor

Printable version | Nov 30, 2021 8:47:54 AM |

In This Package
To clear the path ahead
Supreme Court sets aside instant 'talaq’
United against triple talaq, divided on legal points
Historic day for Muslim women: Shayara Bano on triple talaq verdict
Triple talaq lost staunchest support
Triple talaq: Will SC verdict end personal laws’ immunity?
The twists and turns taken during the marathon hearing on triple talaq in SC
Those who resort to instant triple talaq will be ostracised: AIMPLB
AIMPLB against triple talaq, says counsel
Triple talaq is Muslim woman vs man issue, not that of majority vs minority: Centre
Can women be given option of saying ‘no’ to triple talaq at the time of ‘nikahnama’, SC asks AIMPLB
Triple talaq a matter of faith for last 1,400 years, AIMPLB tells SC
Islamic law anglicised: Centre
Will enact divorce law for Muslims: Centre
Triple talaq hearing: ‘If God finds something sinful, can laws validate it’
Polygamy is not a religious practice, government tells Supreme Court
Ban on triple talaq will cause a vacuum: Supreme Court
Judges choose work over vacation
Constitution Bench to decide petitions on triple talaq: SC
Bench would hear debates on the ‘legal’ aspects of triple talaq.
SC is looking at triple talaq, not Uniform Civil Code: CJI
SC to examine if triple talaq is fundamental to religion
Peculiarities of personal laws should be protected: Jamiat
You are reading
SC intervention in triple talaq amounts to judicial legislation: AIMPLB
Centre’s stand on triple talaq based on gender justice: Ravi Shankar Prasad
Cast asunder by triple talaq, Muslim women see hope in Supreme Court
Triple talaq is sin but Shariat permits it, says AIMPLB
Practices in each religion are unique, according to the All India Muslim
Personal Law Board.
SC can’t decide on triple talaq, says AIMPLB
Supreme Court admits Muslim woman's plea to declare triple talaq illegal
A file photo of senior advocate Salman Khurshid.
SC seeks Khurshid’s assistance in talaq case
Next Story