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Don't Allow People from Other Faiths to Question Muslim Law: AIMPLB to SC on Nikah Halala Challenge

According to the application, the Supreme Court has already dealt with the issue of polygamy in 1997 and declined to issue any directive at that time.

Utkarsh Anand | CNN-News18

Updated:January 27, 2020, 2:21 PM IST
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Don't Allow People from Other Faiths to Question Muslim Law: AIMPLB to SC on Nikah Halala Challenge
Supreme Court of India.

New Delhi: All India Muslim Personal Law Board has submitted in the Supreme Court that religious practices of one faith should not be allowed to be questioned by someone from a different faith.

The registered society comprising Ulemas (scholars) has added that even otherwise, nobody should be permitted to question issues of faith unless they threaten life and liberty of anyone.

About the Uniform Civil Code, the Board has said that Article 44 in the Constitution, which talked about having a common law for the entire country, was "only a directive principle of state policy and is not enforceable".

The application moved in the top court has emphasised that the 'Mohammedan Law is based on Holy Quran and Hadith' and its validity can't be tested on a challenge based on fundamental rights.

The plea has been filed by the Board to oppose a PIL that challenged the validity of practises of polygamy and nikah halala among Muslims.

While the petition by advocate and BJP member Ashwini Upadhyay has claimed such practices violate Muslim women's right to live with dignity and their privacy, the Muslim Law Personal Law Board has now claimed these practices may not fall under the purview of the "law in force" and are hence beyond the purview of judicial review.

According to the application, the Supreme Court has already dealt with the issue of polygamy in 1997 and declined to issue any directive at that time.

The board has said that they should also be permitted to argue when Upadhyay's petition comes up for a detailed hearing.

Upadhyay's petition has relied upon the Supreme Court judgment declaring instant triple talaq as void ab initio, as also, the ruling on the right to privacy.

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