Muslim board moves SC against plea challenging polygamy

New Delhi, January 27

Maintaining that Muslim Law is based on the Quran and the Hadith, the All-India Muslim Personal Law Board (AIMPLB) on Monday told the Supreme Court that it can’t be challenged on the ground of violation of fundamental rights as it’s not enacted by Parliament.

“The Mohammedan law is founded essentially on the holy Quran and the Hadith of the Prophet Mohammed and thus it can’t fall within the purview of expression ‘laws in force’ as mentioned in Article 13 of the Constitution and hence its validity cannot be tested,” the AIMPLB said in its application seeking to become a party to be heard in a PIL challenging constitutional validity of practices of polygamy and ‘nikah halala’.

“Personal laws do not derive their validity on the ground that they have been passed or made by a legislature or by other competent authority. The fundamental source of personal laws is their respective scriptural texts,” the AIMPLB submitted.

It questioned BJP leader and advocate Ashwini Kumar Upadhaya’s locus standi in filing a PIL challenging polygamy. — TNS