So even if the triple Talaq included in Article 25, it will still be subject to other fundamental rights. In the triple business, article 25 will be subject to article 14 on the right to equality, article 15 (1) on the right to non-discrimination and article 21 on the right to life and dignity. Article 14 states: “The State shall not deny any person equality before the law or equal protection of the laws …”
Because divorce by a Muslim husband is unilateral, although approved by the Koran, it still violates a Muslim woman’s right to equality under article 14.
(1) Article 15 states: “The State shall not discriminate against any citizen solely on grounds of religion, race, caste, sex, place of birth or any of them.”
The fundamental right of a Muslim woman to non-discrimination on the basis of sex in section 15 (1) is violated because the Muslim husband may divorce unilaterally, whether by a single or triple and Talaq even if executed as part of the Qur’anic procedure . Violation of this fundamental right can not be accepted.
Article 21 says: “No one shall be deprived of life or personal liberty, except in accordance with the procedure established by law.” The right to personal liberty under this law includes human dignity, one of the main reasons why Muslim women have addressed the Supreme Court against the triple Talaq.
Let us suppose for a moment that the triple Talaq is essential for the practice of religion. However, article 25, which is the lowest among all human rights, will always be subject to articles 14, 15 (1) and 21. It should be emphasized that the right of a Muslim husband to a life of dignity available under Article 21 terms and getting a divorce with dignity is also violated, because you are not allowed to go to court to get a divorce.
The most regrettable point is that no Muslim scholar is defending the rights of Muslim women in the cornerstone of the Constitution. It is understandable that the former minister of Salman Khurshid will not defend these fundamental rights before the South Carolina bank, as it comes from the Congress party that supported the Islamic movement in Khilafat Shah Bano in 1986. This n ‘no It is understandable is that Khan, a self sacrificed his own political career on the issue of equality of Muslim women, not defend these basic rights.
These rights are non-negotiable. Lawyer Farah Faiz, who usually defends constitutional principles, was only slightly ahead and Khurshid Khan, demanding that Islamic courts are banned by the apex court.
It is pertinent to mention that there is no specific Muslim personal law. There exists the term “personal law” for a series of laws that govern Muslim issues such as marriage, inheritance, Habiz, etc. In the context of the Triple Talaq, two laws should be mentioned. The Law of 1938, the law on the right of Muslim people (Shariat) regulates Muslim marriage and other issues, but leaves the door open for Muslim men to divorce according to religious rules out of court. There is no law under which a Muslim divorce court man. The Law on the Dissolution of Muslim Marriages in 1939 allows Muslim women to seek, not, divorce through courts or out of court.
Currently, a Muslim husband leaves for either of two forms of Talaq triple Talaq triples given in a single session, or three splints given once a month for three months.