Triple Talaq and the War of the Mullahs

Let Not Shahbano Case Be Repeated

- R.Upadhyay

In the present case also, despite the views expressed by various Islamic scholars against triple talaq and polygamy, the Muslim orthodoxy is found determined to oppose the move of the government in Supreme Court. This suggests that once again the stage is set for another confrontation between the Muslim orthodoxy and the Government as had happened in mid- eighties of the last century in Shahbano case. It is a fact that the Muslim community is divided on this issue for long but the Mullahs belonging to any sect are found to get united if there is any move for reform in Islamic personal laws.

For the first time in the constitutional history of India, the Central Government through its Law Ministry filed an affidavit impressing upon the Supreme Court to do away the prevalent practice of polygamy and triple Talaq on the plea that they are not an integral part of the religion and is also against the constitutional guarantee of gender equality.

The Case Against Triple Talaq

Since more and more women and their organisations were approaching different courts on the issue of triple talaq in different parts of the country, the Supreme Court last month asked the central government to submit its reply to a batch of petitions including that of one Shayra Banu of Uttarakhand who challenged the practices like triple talaq, polygamy and nikah halala as unconstitutional. The apex court had also initiated suo motu proceedings to examine the need for protecting the rights of all Muslim women.

The AIMPLB (The All India Muslim Personal law Borad) is now all set to become a party to the case to oppose the legitimate grievances of Indian Muslim women.