Responding to a petition filed in the Supreme Court, the All India Muslim Personal Law Board (AIMPLB) on September 2 said that Sharia has granted husbands mode of oral divorce (the triple talaq) because men are better at controlling emotions and therefore unlikely to take impulsive decisions.
Their answer was given in an affidavit that has been filed in the Supreme Court and was in response to petitions that asks the apex court to declare triple talaq unconstitutional.
AIMPLB, had countered the petition by saying triple talaq was part of Islamic religious practice and thus protected by the fundamental right to religion. They also added that the SC was thus barred from adjudicating its validity.
Meanwhile, AIMPLB also took the opportunity to launch a vigorous defense of the practice of polygamy.
In their affidavit, they claim that the practice allows a Muslim man to have four wives, which is ‘necessary’ so as to curb ‘illicit sex’ and thus was meant to ‘protect women’.
Their advocate Ejaz Maqbool said that Quran, Hadith, and the consensus view allow Muslim men to multiple wives, but Islam doesn’t encourage it.
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They also added that polygamy is not for gratifying men’s lust but a social need.
They even cited census reports till 1991 and other surveys and pointed out that polygamy was equally prevalent among Muslims, Hindus, Buddhists and tribals till that time.