Intervention in Muslim Personal Law not tolerated – Muslim Mahila Research Kender’s affidavit in SC

Hyderabad: Noted Muslim Women’s organization, “Muslim Mahila Research Kendra” filed an affidavit in Supreme Court against any intervention in Muslim Personal Law. It may be mentioned that some Muslim women’s organization had challenged the right of husbands to divorce by pronouncing “Talaq” thrice at one go. SC bench headed by CJI, Justice TS Thakur is hearing this case.

Ms. Tahniyath Athar, President, Muslim Mahila Research Kendra and Dr. Asma Zehra, Director of the organization, in a press statement released yesterday told that in the affidavit filed in SC, it has been stated that SC cannot intervene in Muslim Personal Law under the pretext of protection of women’s right or social reforms. SC also cannot interpret Muslim Personal Law. They also said that SC cannot decide about the authenticity of three divorces pronounced one time. The process of pronouncing divorce is fixed and recognized which cannot be changed by anyone.

In their press statement they mentioned that the issues pertaining to marriage, divorce and maintenance allowance are different in various religions. Any court of law cannot raise any question about the authenticity of the provisions made in any religion.

Although, divorce is an unpleasant event but it need be it has to be exercised. Due to ignorance, haste and atrocities, matrimonial relations get spoiled and the matters reach the courts of law. Such cases should be decided by the community itself in the light of Muslim personal law. Husband has the right to divorce his wife which no court of law can take away from him. No state law can challenge this authority of the husband.

–Siasat News