All India Muslim Women’s Personal law Board criticised the All India Muslim Personal law Board (AIMPlB) for backing the triple talaq in its affidavit filed submitted to the Supreme Court. The Women Board said that it was a regressive move on part of the male -dominated AIMPlB.
“The AIMPlB has filed an affidavit in the Supreme Court only to hide its failures in implementing social reforms in the Muslim community and its failure to make the institution of Shariat courts effective,’’ said Chairperson of All India Muslim Women’s Personal law Board, Shaista Amber.
Amber said that she would also file a petition before the Apec Court seeking her organisation to be included as party to the pending writ petition challenging the legal validity of `triple talaq and other issues of Muslim Personal law.
She said that she would also file an affidavit before the Supeme Court challenging the affidavit filed by the All India Muslim Personal law Board.
“Had the Darul Qaza (Shariat courts) been successful in dispensing justice to destitute women divorced by their husbands violating Shariat law, no Muslim women would have knocked at the Supreme Court door. Thi is ample evidence that the Shariat courts have failed to ensure justice to the Muslim women,’’said Ambar.
She further alleged, ``The women have never been handed out justuice at Shariat courts, as the women are hardly given an opportunity by the Qazi to narrate her side as to why she was divorced by her husband.’’
Amber said that in large number of cases, Muslim men have made a mockery of the personal law by announcing Talaq through SMS, Whatsapp and other social media sites. She said the AIMPlB has never acted against such blatant misuse of Muslim personal law for divorce.
Demanding a Muslim marriage Act on the lines of the Hindu Marriage Act, the leader said, “The Parliament must consider legislating a law for Muslim women based on Holy Quran containing provisions of the Islamic law on issues like succession, marriage and divorce. This would put an end to arbitrary interpretation of the present Muslim Personal law and prevent exploitation of poor Muslim women.’’
The AIMPlB in its affidavit filed before the Supreme Court has backed the issue of ‘triple talaq’. The board said the Supreme Court cannot interfere in religious freedom. The Board also stated that personal laws can’t be challenged as that would be a violation of the fundamental rights guaranteed by the Constitution. The AIMPlB said in its affidavit that the validity of triple Talaq cannot be decided by the Supreme Court. It also mentioned that personal laws, based on the scriptures and customs of each major religious community in India, can’t be rewritten in the name of social reform and that the courts can’t interfere in them. “Courts can’t supplant their own interpretations,” the Board said.
Meanwhile Zafaryaab Jilani, member of the AIMPlB said, “In our affidavit we have quoted various judgements of the Supreme court where the apex court had held that it cannot interfere in the matters of the personal law as per the provisions of the Article 14 of the constitution.”
He said there was no flaw in the personal but it the conduct of the people who fail to interpret the true spirit of the msulim personal law.