Allahabad High Court in India has ruled out the Islamic practice of triple divorce (triple Talaq) to be unconstitutional by terming it as a violation of personal rights.
The court remarked that triple divorce was just a violation of the fundamental rights of Muslim women and law is never above the personal rights. The court also added that such law also acted as a barrier for making India a nation as it was very demeaning in nature.
The decision was met with a mixed sort of criticism. As far as the personal right is concerned, right to practice the religious teachings is also comes in individual rights and what if the ruling of the Allahabad High Court is itself against the very nature of the human rights.
If court cared this much about the rights of the Muslim women, then it should have encouraged regulations that would make women decide all the matters related revocation of a marital contract at the time of marriage.
It ‘s hard to rule out something merely by human rights until these rights are not defined correctly.
Now the representatives of the Muslim community would exercise their human rights to appeal against the decision of the high court.
Respect HC’s verdict but we’ve constitutional right to appeal agnst the verdict if not satisfied-Muslim cleric Khalid Rasheed Firangi Mahali pic.twitter.com/Iw3YTFNzjf
— ANI (@ANI_news) December 8, 2016
There is no doubt that oral divorce that too thrice at the same times, does injustices to many Muslim women; the issue is that not all the women can admit this, as they think it religiously correct. It is as same as women don’t speak against the marital rape because they believe that this somewhat cultural tradition practised through centuries is not a taboo but just something quite normal in the society. Yes, a person incarcerated in prisoner for centuries would eventually be made to believe that freedom doesn’t exist.