Triple talaq: Supreme Court can't rewrite personal law in the name of social reform, says Muslim Law Board

The top decision- making body of Muslims in India on Friday said that the “Supreme Court cannot interfere in religious freedom and rewrite personal laws in the name of social reform.”

During a hearing on the controversial triple talaq, Muslim Personal Law Board said that “When serious discords develop in a marriage and the husband wants to get rid of his wife, there are legal compulsions and time-consuming judicial processes. In extreme cases, a husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations, triple talaq is a better recourse.”

The affidavit filed by the top decision-making body also claims that men are stronger “Marriage is a contract in which both parties are not physically equal. Male is stronger and female is a weaker sex,” it says.

A Supreme Court bench headed by Chief Justice TS Thakur heard a batch of petitions on the conflict between fundamental guarantees in the constitution and personal laws in the country.

Triple Talaq has been questioned by many Muslim women so far, among them is Ishrat Jahan, whose husband divorced her on the phone.

Ms Jahan has put forward the argument that divorce through spoken words violates fundamental rights. The Supreme Court said that it would examine it could understand the nitty-gritties of Muslim law and come up with a solution.