Our Correspondent / New Delhi
Defended the practice of Triple Talaq and polygamy, the All India Muslim Personal Law Board (AIMPLB) today told Supreme Court that polygamy is a social need and a blessing for society and not a curse for women.
Arguing that “polygamy is a blessing, not a curse for women”, the AIMPLB in its affidavit filed in the apex court said that if the option of polygamy was not available to husband then he may divorce his existing wife or indulge in illicit affairs.
“An unlawful mistress is more harmful for social fabric than a lawful second wife”, AIMPLB said in its repose to suo motu petition on the rights of Muslim women concerning marriage, divorce and maintenance and whether the current practices under Muslim Personal Law was violative of the fundamental rights guaranteed under the constitution.
Defending Shariah granting right to divorce to husband, the AIMPLB says, “… men have greater power of decision making. They are more likely to control emotions and not to take a hasty decision. Men are expected to behave thus on the following grounds.”
The apex court by its October 16 order had directed its registry to file a PIL to address the issue of the rights of Muslim women in respect of concerning marriage, divorce and maintenance.
Describing as “common misperception” spread by the communal outfits that the incidence of polygamy is higher among Muslims, the AIMPLB referring to several surveys since 1931 to drive home the point that Muslims have the lowest rate of polygamy in India.
Having said this, the AIMPLB defended polygamy saying that the institution of Polygamy is not considered immoral in Sharia Law and Sharia Law proceeds on the principle that the “institution of monogamy is most desirable but cannot be made mandatory.”
“In the Indian context it should be remembered that polygamy was widely prevalent amongst many non-Muslim communities as per their respective personal laws. However with passage of time some of those communities were subject to compulsory rule of monogamy”, AIMPLB said in its reply.
Contending that the “Practice of one religion cannot be compared with other religion as it is unique feature of one’s religion”, AIMPLB reiterated its position that it was only the parliament that can deal with the issue of personal law and it can’t be interpreted by the courts.
Requesting courts not to interfere in the matters of personal law, AIMPLB said that “Personal laws of a community cannot be re-written in the name of Social Reform.”
The Board said that Muslim personal law can’t be challenged as it is a right rooted in religion based on Quran and Sunnah.
It said that the “practices, sought to be reviewed by way of the present Suo Motu Writ Petition are protected by Articles 25 and 26 read with Article 29 of the Constitution of India.
Highlights of AIMPLB’s rejoinder in Supreme Court justifying triple talaq and polygamy
1. Legal process is cumbersome and husband may harm his wife to get rid of her. So triple Talaq is a better option
2. Polygamy is a social need
3. Muslim women also have right to divorce under Khula.
4. Issue of personal law should be handled in Parliament, not SC
5. Personal laws cannot be challenged as it is right to religion
6. Personal laws cannot be re-written in the name of social reform
7. Courts cannot interpret religion.
8. Personal laws are based on Quran and Sunnath
9. Practice of one religion cannot be compared with other religion as it is unique feature of one religion.
10. Islam has provision of Talaq for peaceful dissolution of marriage if the marriage is not working.
11. Shariat calls for a strong reason for divorce. However, Talaq is valid even without valid reason.
12. Triple talaq in one go is accepted in all four schools of thoughts in Islam.
13. Shariat gives husband right to divorce because he has more power in decision making.
14. Husbands are more likely to control emotions and do not take hasty decisions.
15. Husband earns livelihood for the family and takes care of the children therefore he would not resort to divorce which would disintegrate the family.
16. Financial expenses arising out of divorce has to be borne by husband. He has to pay maintenance to the wife during waiting (Iddat) period.
17. If something is declared lawful in Quran and Hadiath then it cannot be denied by State or Judiciary.
18. Polygamy is a blessing, not curse. Sympathy to women is the core of polygamy. Suppose a wife is chronically ill or the husband is adamant to marry another women (even on flimsy grounds), then he may divorce his wife or enter into illicit polygamy. Therefore polygamy is a blessing, not curse.