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Will Appeal Against Allahabad HC's Decision On Triple Talaq, Says Muslim Cleric

"We respect High Court's verdict, but we have a constitutional right to appeal against it."
Danish Ishmail / Reuters

LUCKNOW -- A Muslim cleric, Khalid Rashid Firangi Mahali, on Thursday said they will appeal against the Allahabad High Court's decision on triple talaq.

"We respect High Court's verdict, but we have a constitutional right to appeal against it if not satisfied," he said.

Mahali's statement came hours after Allahabad High Court termed the Islamic practice of divorcing a woman by uttering the word "talaq" thrice as unconstitutional.

He further said that the legal committee of All India Muslim People Law Board will study the verdict and observations, and then it will file its appeal against it.

Expressing disagreement over the High Court's decision on triple talaq being unconstitutional, he said, "I don't think it is unconstitutional, if few people misuse the law then we can take action against them, but cannot remove the law."

"As far as the law of triple talaq, being said to be unconstitutional, is concerned, I think the Constitution of our country has given us the right to profess and practice our religion," the cleric said, adding that Muslim Personal Law and law of triple talaq are integral parts of our religion.

The High Court observed that the triple talaq practice sanctioned under Muslim Personal Law that governs marriage, property and divorce violates the rights of Muslim women. The court further said that no personal law board is above the Constitution.

Speaking over violating the rights, the cleric said, "we are working and exercising rights within the parameters of constitution."

Several women have filed a petition before the Supreme Court seeking the quashing of the triple talaq practice. The Central Government has also told the top court that it is against gender injustice and for equality between men and women under the Constitution.

However, the All India Muslim Personal Law Board has defended the practice, saying it is better to divorce a woman than kill her. The rights bestowed by religion can't be questioned in a court of law, it said.

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This article exists as part of the online archive for HuffPost India, which closed in 2020. Some features are no longer enabled. If you have questions or concerns about this article, please contact indiasupport@huffpost.com.