NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) today told the Supreme Court that pleas challenging the practices of triple talaq, ‘nikah halala’ and polygamy among Muslims were not maintainable as the issues fell outside the realm of judiciary.
The Board said the validity of Mohammedan Law, founded essentially on the Holy Quran and sources based on it, cannot be tested on the particular provisions of the Constitution. It said there was a need for “judicial restraint” before going into constitutional interpretation of these unless such an exercise becomes unavoidable.
It said the issues, raised through a batch of petitions, fell within the legislative domain, and since divorce was an issue of private nature, it cannot be enforced by bringing it under the ambit of fundamental rights.
The AIMPLB claimed the petitions were “misconceived” and the challenge was based on incorrect understanding of the Muslim Personal law, contending the Constitution grants freedom to every religious section to manage its own affairs in matters of religion. (AGENCIES)
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