The All India Muslim Personal Law Board has filed its response in the case challenging the Islamic practices of triple talaq and polygamy..In its counter affidavit settled by Senior Advocates Yusuf Hatim Muchhala and Huzefa A Ahmadi and filed through Advocate Ejaz Maqbool, the Personal Law Board had contended that the questions raised in the petition are matters of legislative policy and outside the jurisdiction of the court..It has further argued that personal laws are outside the purview of the Part III challenge and such laws cannot be re-written in the name of social reforms..The following are the main contentions of the Muslim Personal Law Board:.The questions raised in the present Suo Motu Writ Petition are matters of legislative policy.Personal laws cannot be challenged as being violative of Part III of the Constitution.Personal laws of a community cannot be re-written in the name of social reform.Article 44 of the Constitution of India, which envisages a Uniform Civil Code, is only a Directive Principle of State Policy and is not enforceable.The practices, sought to be reviewed by way of the present petition, are protected by Articles 25 and 26 read with Article 29 of the Constitution of India.Courts cannot supplant its own interpretations over the text of scriptures.Unique importance has been attached to religious scriptures in the Indian legal system and in Indian culture.Muslim Personal Law provides for the practices to be followed on the issues of marriage, divorce and maintenance and these practices are based on holy scriptures, Al – Quran and sources based on Al- Quran..Earlier this year, a petition was filed by one Shayara Bano challenging the Constitutionality of the Islamic practices of polygamy, triple talaq (talaq-e-bidat) and nikah halala. Bano argued in her petition that such practices have reduced women to mere chattels, and such practices don’t have a place in a progressive society..In response, the Court issued notice to the Central government, Ministry of Minority Affairs and the petitioner’s husband and tagged the case along with the suo moto petition already being heard by the Court..In June this year, Chief Justice TS Thakur had indicated that the challenge to the Islamic practices may be heard by a Constitution bench of the apex court. The Bench also asked the Muslim Personal Law Board and other parties to frame questions/issues which would have to be considered while deciding the case..Read the counter affidavit below.
The All India Muslim Personal Law Board has filed its response in the case challenging the Islamic practices of triple talaq and polygamy..In its counter affidavit settled by Senior Advocates Yusuf Hatim Muchhala and Huzefa A Ahmadi and filed through Advocate Ejaz Maqbool, the Personal Law Board had contended that the questions raised in the petition are matters of legislative policy and outside the jurisdiction of the court..It has further argued that personal laws are outside the purview of the Part III challenge and such laws cannot be re-written in the name of social reforms..The following are the main contentions of the Muslim Personal Law Board:.The questions raised in the present Suo Motu Writ Petition are matters of legislative policy.Personal laws cannot be challenged as being violative of Part III of the Constitution.Personal laws of a community cannot be re-written in the name of social reform.Article 44 of the Constitution of India, which envisages a Uniform Civil Code, is only a Directive Principle of State Policy and is not enforceable.The practices, sought to be reviewed by way of the present petition, are protected by Articles 25 and 26 read with Article 29 of the Constitution of India.Courts cannot supplant its own interpretations over the text of scriptures.Unique importance has been attached to religious scriptures in the Indian legal system and in Indian culture.Muslim Personal Law provides for the practices to be followed on the issues of marriage, divorce and maintenance and these practices are based on holy scriptures, Al – Quran and sources based on Al- Quran..Earlier this year, a petition was filed by one Shayara Bano challenging the Constitutionality of the Islamic practices of polygamy, triple talaq (talaq-e-bidat) and nikah halala. Bano argued in her petition that such practices have reduced women to mere chattels, and such practices don’t have a place in a progressive society..In response, the Court issued notice to the Central government, Ministry of Minority Affairs and the petitioner’s husband and tagged the case along with the suo moto petition already being heard by the Court..In June this year, Chief Justice TS Thakur had indicated that the challenge to the Islamic practices may be heard by a Constitution bench of the apex court. The Bench also asked the Muslim Personal Law Board and other parties to frame questions/issues which would have to be considered while deciding the case..Read the counter affidavit below.
