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Allahabad: The prevalent Islamic practice of divorcing a woman by uttering “talaq talaq talaq” is unconstitutional, the Allahabad high court said today, reigniting a debate on one of India’s most contentious religious issues.
The high court said the triple talaq practice sanctioned by Muslim personal law, violated the rights of Muslim women.
“No Personal Law Board is above the Constitution,” the high court was quoted as saying by news agencies.
The practice has been challenged in the Supreme Court by several women. The Modi government has also submitted to the top court that it is against gender justice, equality and the Constitution.
The influential All India Muslim personal law board on the other hand 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.