Saying that it is a misconception that women are discriminated against in marriage and divorce, The All India Muslim Personal Law Board on Monday told the Supreme Court that talaq and polygamy are an integral part of the religion of Sunni Muslims. The Muslim Board handed some written information to the Supreme Court saying that it cannot alter the sanctity of personal laws. The Board decided to write against challenges that questioned the validity of triple talaq and polygamy adding that Islam was one of the first religions to grant equal rights to women.
“Talaq, Halala and Polygamy are all integral parts of the religion of Sunni Muslims following four schools of thought provided by the Holy Quran and thus being essential to the religion of Islam are protected by virtue of Articles 25, 26 and 29 of the Constitution,” The All India Muslim Personal Law Board was quoted saying by The Indian Express. It also mentioned that triple talaq is a cultural issue interwoven with the religion of Islam. Thus, it was the issue of freedom of conscience and free profession, practice and propagation of religion guaranteed under Article 25 and 26 read with Article 29 of the Constitution.
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The submission was written by advocate Raju Ramachandran who asked the apex court not to make amends to personal laws by following the trends in other countries. The Board questioned that any such change in the law can lead to conflict with principles as enshrined in the Indian Constitution. “The preamble of the Constitution clearly enshrines values of liberty of thought, expression, belief, faith and worship. Further, Article 25 of the Constitution, guarantees freedom of conscience and freedom to profess, practice and propagate religion,” the submission said.
“Article 25 guarantees individual freedom of conscience subject to public order, morality and health and to the other provisions of the third part of the Constitution. Article 26 of the Constitution grants freedom to every religious denomination or any section thereof to manage its own affairs in matters of religion,” it said.