Triple Talaq Saves Women From Being Killed, Ban On Polygamy Encourages Illicit Sex, Says Muslim Personal Law Board

The All India Muslim Personal Law Board (AIMPLB) in its argument against the demand to ban the Islamic practice of Triple Talaq or oral divorce has vehemently opposed the plea.

In an affidavit filed in the Supreme Court, the board said triple talaq was part of Islamic religious practice protected by fundamental right to religion. It also claimed that the court had no jurisdiction to annul it.

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The 68-page affidavit made some rather unusual claims like "Sharia grants right to divorce to husbands because men have greater power of decision making. They are more likely to control emotions and not take hasty decisions."

It also defended triple talaq saying that the practice provided an easy mode to end marriages that had irretrievably broken down.

"When serious discords develop in a marriage and husband wants to get rid of the wife, legal compulsions and time-consuming judicial process... in extreme cases husband may resort to illegal criminal ways of getting rid of her by murdering her. In such situations `triple talaq` is a better recourse," AIMPLB told the apex court.

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The board also added that triple talaq was a very private method of divorce without going to court and making public the differences between the couple and then awaiting a long process for the outcome.

The affidavit also defended the polygamy among Muslims and said the practice, which allows a Muslim man to have four wives, was necessary to curb illicit sex and was meant to protect women.

"Quran, Hadith and the consensus view allow Muslim men to have up to four wives. However, polygamy meets social and moral needs and the provision for it stems from concern and sympathy for women," it said.

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"Since polygamy is endorsed by primary Islamic sources, it cannot be dubbed as something prohibited," it said.?

"Where women outnumber men and polygamy is not permitted, women will be forced into leading spinster's life. In sum, polygamy is not for gratifying men's lust, it is a social need," the board said.?

"Women should appreciate this point that if the ratio of women is higher, would they prefer wedlock , or let them be illicit mistresses of men, without any of the rights which a wife gets," it said.?

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The AIMPLB's affidavit was in response to a group of petitions in the SC by women activists and triple talaq victims seeking a ban on the controversial practice, which they claim is heavily in favour of men and is against fundamental rights.