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.
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.
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’.
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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.