New Delhi: The All India Muslim Personal Law Board (AIMPLB) on Thursday decided to appeal against the Allahabad High Court ruling terming the practice of 'triple talaq' among Muslims as 'unconstitutional'.
"It is an observation by the court and I don't know in what context it has been made. Even it is a judgment, it is of no significance because the entire matter is before the Supreme Court," AIMPLB member Kamal Faruqi was quoted as saying.
"We have filed affidavits before the Supreme Court and given our detailed view about Triple Talaq,'' he added.
"It is not a question of Muslims alone but about all religious entities who have been given the guarantee under the Constitution to follow their faith and religion. Therefore, only the Supreme Court verdict matters," said Faruqi.
Faruqi also recated strongly to the High Court observation that personal law of a community cannot be placed above the Constitution.
"With due respect to the judge, it is the same Constitution that gives the me the protection and freedom to follow my religion. Talaq is part of Sharia law."
Another AIMPLB member, Khalid Rasheed Firangi Mahali, too defended Triple Talaq and said the Board was mulling filing an appeal against the high court ruling.
"Triple Talaq is an integral part of our religion and the Muslim Personal Law Board.
"If 8-10 cases of Triple Talaq are reported across the country when the Muslim population is 20 core, it doesn't mean the law should be abolished or changed," said Mahali, the Naib Imam of Lucknow's Aishbagh Eidgah.
"The Personal Law Board works within the parameters of the Constitution and it not right to suggest we are above the Constitution.
"Our legal committee is studying the verdict and we will move in appeal against it," he added.
In its ruling today, the Allahabad High Court said, ''No personal law board is above the Constitution, and the triple talaq violates the fundamental rights of Muslim women.''
"The instant divorce (triple talaq) though has been deprecated and not followed by all sects of Muslim community in the country, however, is a cruel and the most demeaning form of divorce practised by the Muslim community at large. Women cannot remain at the mercy of the patriarchal setup held under the clutches of sundry clerics having their own interpretation of the holy Quoran," the court said in its observation.
