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Muslim personal law a cultural issue: AIMPLB
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- The Muslim personal law, which allows practices like polygamy and nikah halala, is a “cultural issue” and inextricably interwoven with the religion of Islam. The Constitution allows the continuance of the different practices of various religions until the state succeeds in its endeavour to secure a Uniform Civil Code (UCC), the All Indian Muslim Personal Law Board (AIMPLB) explained to the Supreme Court recently.
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- The arguments were made in an application filed by the Board seeking impleadment in a writ petition filed in SC for a judicial declaration that polygamy and nikah halala (bar against remarriage with divorced husband without an intervening marriage with another man) were unconstitutional.
- Petition Agaisnt Polygamy anf Nikah Halala:
(1) The petition wants the court to declare Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, violative of Articles 14, 15 and 21 of the Constitution, insofar as it seeks to recognise and validate polygamy and nikah halala.
(2) A “ban on polygamy and nikah halala has been the need of the hour to secure basic rights and in the interest of public order, morality and health”.
(3) Both practices were a cause of injury to women.
(4)The petition had referred to how the Supreme Court had held the instant talaq unconstitutional in August 2017.
- Arguments by AIMPLB
(1) ces of Personal Law:
(2) LB, said personal laws did not derive their validity from legislature or any other competent authority.
- Their sources are the scriptural texts of their respective religions
- Definition and Validity under Constitution:
- The personal law does not fall within the definition of ‘laws’ under Article 13 of the Constitution.
- The validity of a personal law cannot be challenged on the basis of the fundamental rights enshrined in the Constitution.
- Petition is a push for a judicial pronouncement to bring the UCC:
- It argued that even Article 44 of the Constitution only says the state should try for bringing UCC.
- Article 44, by necessary implication, recognises the plurality of faiths and permits their continuance.
Ahmedabad Women Action Group case:
The application points out that the top court, in its 1997 judgment had already refused to examine whether polygamy in Muslim personal law is illegal and an act of cruelty.
The court had said the issue should be dealt with by the legislature and not the courts.
- Rights of Muslim Women: The rights of Muslim women were already secure under the Muslim Women (Protection of Rights on Divorce) Act of 1986.
Sources
The Hindu