Rule book thrown at Apex court, Muslim body asks SC not to intervene in personal laws

New Delhi: The All-India Muslim Personal Law Board today submitted before the Supreme Court that ‘triple talaq’ and other provisions of personal laws were based on holy scripture Al Quran and the court should not interfere into it. The apex court was hearing a batch of PILs including a suo motu petition and for that had sought the response of the Muslim Law Board.

Muslim women have challenged the validity of “triple talaq” polygamy and remarriage restrictions. In its affidavit, Muslim Personal Law Board submitted before the court that personal laws were based on the tenets of Islam so the judiciary had no power to adjudicate on their validity in the face of women’s fundamental right to equality.

It is further submitted by the board that personal laws could not be challenged as being violative of Part 3 of the Constitution and Article 44 of the Constitution envisaged a uniform civil code which was only a Directive Principle of the State Policy and was not enforceable. The practices sought to be reviewed by way of the suo motu writ petition “are protected by Articles 25 (freedom to practice and propagate religion) and 26 (freedom to manage religious affairs) read with Article 29 (protection of minority interests) of the Constitution,” it said. The Board said Muslim Personal Law had provided for the practices regarding to the marriage, divorce and maintenance and it will amount to judicial legislation if court prescribes other parameters to govern the rights of Muslim women. (UNI)