Desperate to prevent the Supreme Court from ruling on the validity of the practice of 'triple talaq', the All-India Muslim Law Personal Board (AIMPLB) has offered the court a strange explanation: Who knows, if a man is not able to easily divorce his wife, he could burn or murder her!
If 'triple talaq' is not permitted, a man will have to undergo the legal process of divorce, which could be time-consuming and expensive. In such an event, a man may resort to illegal means to get rid of his wife -- he may murder her, or he may tarnish her image so she can't marry again, the board notes in its affidavit to the court, justifying 'triple talaq'.
If that weren't enough to convince the court, the AIMPLB has also offered this wise counsel: "A marriage is a contract in which the two parties are not physically equal. The man is not dependent on the woman for protection. 'Triple talaq' in such an event would avoid the possibility of murder of a woman whose husband wants to divorce her!"
And then this gem: Although the pronouncement of triple talaq in one go is "undesirable and irregular", various Islamic jurists and religious scholars have unanimously agreed that the 'triple talaq' in one go was that it effectively terminates the marriage.
Resorting to the final defence of 'triple talaq', the AIMPLB has told the court to stay away from personal laws because fundamental rights would be violated if the court touched cultural and religious rights. No one can rewrite personal laws in the name of social reforms, the board has asserted.
Polygamy prevents illicit sex!
The affidavit then goes on to justify polygamy, saying that it prevents a man from having an unlawful mistress! An unlawful mistress is harmful for the social fabric, therefore polygamy is a blessing for a woman, the affidavit says.
It goes on to warn that banning polygamy "will only increase illicit sex". Polygamy, the board says, ensures sexual purity.
And in a strange twist, the board then seems to argue against divorce saying that, "if polygamy is banned then a man will divorce an ailing wife and have an unlawful mistress".
The affidavit further states that the Muslim personal laws as they exist are based on the Quran, and adequately provide for the rights of Muslim women and form part of the issue of freedom of conscience and free profession, practice and propagation of religion, guaranteed under Article 25 and 26, read with Article 29, of the Constitution of India.