The Allahabad High Court today said the practice of 'triple talaq' within Muslims is unconstitutional and violates the rights of Muslim women. "No personal law board is above the Constitution," the High Court said.

"Triple Talaq violates the rights of Muslim women," the bench said. "Even the Holy Quran terms the practice a wrongful act," the bench added.

"No personal law board is above the Constitution," it said, an apparent reference to the All India Muslim Personal Law Board (AIMPLB) that favours triple talaq.

Triple talaq refers to a Muslim man's debatable Islamic right to divorce his wife by mere unequivocal statement of the word 'talaq', repeated thrice in one go. Most Muslim countries do not approve of it.

A number of Muslim women and organisations have moved various courts across India challenging the validity of 'triple talaq'.

MUSLIM PERSONAL LAW BOARD OBJECTS

In the first reaction to the court's observation, senior AIMPLB member Kamal Faruqui said the courts should not interfere with religious rights guaranteed by the Constitution itself.

"Islam is one of the most progressive religions on women's rights. Talaq is part of Sharia law, so no interference should be there. The Constitution gives me the right to follow my religion," he said.

Faruqui added that the statement is a mere observation by court and not a decision.

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The Supreme Court is also hearing a bunch of such petitions. The Centre has asked the apex court to re-look these practices, calling them violative of fundamental rights like gender equality and the ethos of secularism, a key part of the Constitution.

CENTRE FAVOURS TRIPLE TALAQ ABOLITON

In its affidavit filed in the Supreme Court last month, the NDA government, for the first time, opposed triple talaq and said, "The issue of validity of triple talaq, nikah halala and polygamy needs to be considered in the light of principles of gender justice and the overriding principle of non-discrimination, dignity and equality."

Senior Union Minister Venkaiah Naidu welcome the court's observation today. "The Constitution is supreme and it is above religion... The Allahabad court's observation is to be hailed and atrocities against women should not be there," he said.

The AIMPLB has rubbished the stand taken by the Centre and has strongly opposed the move against triple talaq and imposition of uniform civil code, saying divine Sharia laws regarding marriage, divorce and adaptation cannot be modified or altered by any person or authority.

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