High Court calls triple talaq "cruel"

Allahabad High Court's observation on the practice or triple talaq, or Muslim men getting an instant divorce by saying 'Talaq' three times were made public today. Justice Suneet Kumar called it "cruel" and said the view that "the Muslim husband enjoys an arbitrary, unilateral power to inflict instant power" does not tie in with Islamic laws, especially the holy Quran.

The court said that the personal laws, of any community, cannot claim supremacy over the rights granted to the individuals by the Constitution that provides for equality and non-discrimination. "Women cannot remain at the mercy of the patriarchal set up held under the clutches of Sundry clerics having their own interpretation of the holy Quran. Triple talaq has been deprecated and not followed by all sects of Muslim community in the country," the court said.

The petition was moved by Hina, 23, and her husband, 53, who had claimed to have got married under the Muslim personal law. Her husband had married her after divorcing his first wife by uttering the word 'talaq' thrice. "India is a nation in the making, geographical boundaries alone do not define a nation. It is to be, amongst others, on the parameter of overall human development and how society in particular treat their women. Leaving such a large population to the whims and fancy of personal law, which perpetuates gender equality and is regressive, is not in the interest of society and the country. It impedes and drags India from becoming a nation," Justice Kumar observed.

During a specific query, Hina's husband had stated that he divorced his first wife to contract the second marriage. Maintaining that Muslim women "continue to suffer bias", the court said the purpose of law in a modern secular state, based upon the Constitution, was to bring about social change. "The Muslim community comprises a large percentage of the Indian population. Therefore, a large section of the citizens, in particularly women, cannot be left to themselves to be governed by archaic customs and social practice under the garb of personal law purpotedly having divine sanction," the court said. "The question which disturbs the court is should Muslim wives suffer this tyranny for all times? Should their personal law remain so cruel towards these unfortunate wives? Whether the personal law can be amended suitably to alleviate their sufferings?"

Condemning the practice the court further stated, "The judicial conscience is disturbed at this monstrosity. The first wife has to live life for no fault of her but for the reason that her husband got attracted to a lady half of her age, which is the reason for being divorced. The view that the Muslim husband enjoys an arbitrary, unilateral power to inflict instant divorce does not accord with Islamic injunctions."

While several observations rejoiced at the Allahabad HC's observations, a group of top Muslim clerics were miffed and asked courts to not interfere in issues of Shariat. Barelvi cleric Maulana Shahabuddin Razvi said his organisation, the All India Jamat Raza-e-Mustafa will appeal in the Supreme Court and challenge the remarks. All India Muslim Personal Law Board said the HC's observation will have no influence on the case in the apex court. "To begin with, the HC has said the Constitution is supreme and Article 25 gives Muslims right to freedom of practising our religion," said AIMPLB general secretary Maulana Wali Rehman. Another committee member said, "Our stand in the apex court is very clear-though triple talaq is undesirable and condemnable if initiated on frivilous grounds, divorce comes into effect as per the Shariat."

Razvi said, "Though Prophet Mohammed did not like the method of giving triple talaq, Islam has given the right to the husband to give divorce to his spouse by uttering the word 'talaq' thrice at one go."