The Allahabad high court on Tuesday ruled that any fatwa against the legal system has no meaning and practice of triple talaq is a violation of the constitution. the court said that the personal laws could not over and above the constitution.
A single judge bench of justice S.P.Kesarvani gave the ruling while hearing a petition filed by the husband of a Muslim woman seeking quashing dowry harassment case against him on the ground that he had already given her divorce through triple talaq and had also obtained a ‘fatwa’ (religious decree) declaring that the divorce was in accordance with the ‘shariat’ (Islamic Law).
”Any fatwa, which is against the legal system, has no meaning,” the court said.The bench said that there could not be a violation of the fundamental rights of the Muslim women in the name of personal laws.
”A man cannot give divorce to his wife in a way that violates the right to equality and life,” it said. A man Aqueel Jamil had filed a petition in the high court seeking directive to quash the dowry harassment case registered against him by his wife.
Jamil had contended that he had already divorced his wife and had also obtained a ‘fatwa’ from an Islamic seminary in Agra.
All India Muslim Board (AIMPLB), the apex body of the Muslims in the country said here that courts should refrain from interferring in the religious matters. ”The constitution has guaranteed every citizen religious freedom,” remarked a Board member here.
The Board had in its recent executive committee meeting said that the practice of triple talaq was proper and in accordance with the ‘shariat’ though it had appealed to the Muslims not to resort to the same.