Triple Talaq declared unconstitutional

Q.  Allahabad HC has declared Triple Talaq unconstitutional. What was the observation of the court?
- Published on 09 Dec 16

a. No Personal law Board is above the constitution
b. Triple talaq practice violates the rights of Muslim women
c. Both of the above
d. Neither of the above

ANSWER: Both of the above
 
Triple Talaq declared unconstitutionalAllahabad HC on Dec 8, 2016 declared Triple Talaq was unconstitutional. The single judge bench of Justice Sunit Kumar observed that no Personal Law Board is above the Constitution.

The verdict was pronounced while deciding two separate writ petitions that the ‘Triple Talaq’ practice, violated the rights of Muslim women. Triple Talaq is sanctioned under Muslim personal law that governs marriage, property and divorce.

Triple Talaq’ has been challenged in the Supreme Court of India by several women.

The Union Government has told the top court that it is against gender justice, equality and the Constitution.

It had held that that the issue of the validity of triple talaq, polygamy and nikah halala should be considered in accordance with the principles of gender justice, dignity and equality.

Triple Talaq
  • Islamic practice of divorcing women.
  • Husband has to pronounce the world talaq three times to divorce women.
  • Judgement a major boost for women’s rights.
  • AIMPLB- All India Muslim Personal Law Board regulates this law.
  • It follows triple talaq as per the Shariat.

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