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India
09 May 2017

Marriages can't be broken by husbands alone- HC on triple-talaq

Husbands alone can't break contractual Muslim marriages: HC

The Allahabad HC has ruled that Muslim marriages are contracts, and therefore can't be broken by husbands alone.

The observation came during a hearing on a petition by a man who allegedly tortured his wife for dowry and divorced her when she didn't pay; he sought quashing of criminal charges against him.

The HC added triple talaq is "unsustainable and bad in law".

In context

Husbands alone can't break contractual Muslim marriages: HC
'Personal laws can't violate rights of women'

Observations

'Personal laws can't violate rights of women'

The HC observed that 'personal laws' can't violate rights of Muslim women; rights can't be exploited on the basis of gender either.

The court added that personal laws can be justified only within the framework of the Constitution; fatwas not in line with the justice system aren't valid.

Last year, the same court had dismissed the practice of triple talaq as "unconstitutional".

SC hearing on legality of triple talaq soon to follow

The details of the hearing, which ended April 19, were made public 20 days later. This comes two days ahead of the Supreme Court's scheduled hearing on the validity of triple talaq, nikah halala and polygamy. A five-member bench will decide on the matter.

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AIMPLB

Muslim Board against amendment of triple talaq law

The All India Muslim Personal Law Board (AIMPLB) is staunchly against any amendment to the law of triple talaq.

In one of the several arguments they made against amending triple talaq, they said amendments would amount to re-writing the holy book of Quran.

It called polygamy a "blessing for women as an unlawful mistress is more harmful for social-fabric than a lawful second wife."

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