Plea against Shariat Act in Madras HC

CHENNAI, NOV 19: A writ plea seeking to declare as invalid and unconstitutional Section 2 of the Muslim Personal Law (Shariat) Act, 1937, in...

CHENNAI, NOV 19: A writ plea seeking to declare as invalid and unconstitutional Section 2 of the Muslim Personal Law (Shariat) Act, 1937, in so far as it seeks to validate talaaq-ul-bidant of divorce, has been made in the Madras High Court.

Justice P Sathasivam, before whom the petition came up for hearing on Thursday, referred the matter to Chief Justice M S Liberhan for placing it before a division bench, in view of the importance of the matter.

According to petitioner A S Parvin Akthar, a typist in the Public Works Department in Madurai, her husband, Mohammed Ismail Farook had unilaterally and arbitrarily pronounced `talaaq’ in her absence and claimed that he had divorced her, when she was 30 years old.

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Badar Sayed, a Muslim lawyer and the Association for Women’s Assistance and Security (AWAS) impleaded themselves in the case, in support of the petitioner.

Badar Sayed submitted that as a lawyer and women’s activist, she had come across numerous cases of arbitrary divorce by Muslimhusbands by pronouncing `talaaq’ thrice.

The questions involved in this case were of great importance to the Muslim community and affected the life, dignity and rights of Muslim women, she contended.

The judge said that the grievance expressed by the petitioner and the issue involved are of great importance to Muslims in the country at large, and in particular to Muslim women, who were victims of this form of divorce. The outcome of this petition would have a great bearing on all Muslim women. As such, the matter should be heard by a division bench, the judge said.