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Showing posts from October, 2016

The Triple Talaq Argument: Fundamental Rights And Religious Obligations

The religious orthodoxy versus gender justice debate is not new. The debate has been ignited in the past from time to time challenging the sanctity of personal laws. The Muslim Personal Law Application Act, 1937, allows Indian Muslims to be governed by the Shariat (Islamic laws) based on Quran and Hadith (utterances of the Prophet) in matters of personal law.

It is the Shayara Bano case that once again has ignited the debate. Shayara is a resident of Kashipur in Uttarakhand who was given an instantaneous triple talaq by her husband. She then approached the Supreme Court and filed a petition against practices of talaq-e-bidat (instantaneous triple talaq), nikah halala and polygamy.

There are many progressive Muslim groups along with some secular bodies which demand to reform the unjust personal laws of the Muslim community. However, the All India Muslim Personal Law Board (AIMPLB) opposes any interference by the Supreme Court in matters of religious and cultural rights.

The right to e…