"The Mohammedan law is founded essentially on the holy Quran," the petition said (File)
The All India Muslim Personal Law Board (AIMPLB) moved the Supreme Court on Monday seeking impleadment in petitions challenging constitutional validity of polygamy and "nikah halala" practised among Muslims.
"That 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 are their respective scriptural texts," the Muslim body said.
"The Mohammedan law is founded essentially on the holy Quran and the Hadith of the Prophet Mohammed and thus it can't fall within purview of expression ''laws in force'' as mentioned in Article 13 of the Constitution and hence its validity cannot be tested," it said.
The Supreme Court had in 2018 decided to examine the constitutional validity of the two practices.
In March 2018, it issued notices to Union ministries of Law and Justice and Minority Affairs as well as the National Commission of Women (NCW) after taking note of the plea of Delhi-based woman Nafisa Khan challenging the practice of polygamy and ''nikah halala'', and said that the matter will be taken up a five-judge Constitution bench.
The Supreme Court had also considered the submission that an earlier five-judge constitution bench, in its 2017 verdict, had kept open these issues while quashing triple talaq.
By a majority of 3:2, a five-judge Constitution bench, on August 22, 2017 banned the 1,400 year-old practice of instant "triple talaq" among Sunni Muslims and set it aside on several grounds including that it was against the basic tenets of the Holy Quran and violated the Islamic law Shariat.