The Islamic practice of divorcing a woman by uttering the word “talaq” thrice is unconstitutional, the Allahabad High Court said on Thursday, news agencies reported, reigniting a debate on one of India’s most contentious religious issues.
The High Court said the triple talaq practice – sanctioned under Muslim personal law that governs marriage, property and divorce – violated the rights of Muslim women, reports said.
“No Personal Law Board is above the Constitution,” the high court was quoted as saying by ANI.
The practice has been challenged in the Supreme Court by several women and the central government has told the top court that it is against gender justice, equality and the Constitution.
The influential All India Muslim personal law board has defended the practice, saying it is better to divorce a woman than kill her. The rights bestowed by religion can’t be questioned in a court of law, it has said.