The All India Muslim Personal Law Board (AIMPLB) will issue an advisory to all qazis and imams asking them to advise couples, at the time of nikah, not to use instant triple talaq. The AIMPLB also added that the qazis and imams will inform the wife that she can exclude the husband’s right to give instant triple talaq and add this in the nikahnamma.
The AIMPLB’s undertaking, supporting their contention that “triple talaq is an undesirable practice”, comes barely a week after the conclusion of the hearings in the triple talaq case. In its affidavit, it added, Muslim men who resort to the triple talaq would face social boycott. “Social boycott will help in decreasing the incidents of divorce,”the affidavit read.
“The Board’s working committee had earlier already passed certain resolutions in the meeting held April 15 and April 16 in relation to divorce (talaq) in the Muslim community. Thereby, it was resolved to convey a code of conduct/guidelines to be followed in the matters of divorce, particularly emphasising the need to avoid the pronouncement of three divorces in one sitting,” the affidavit, filed in the Supreme Court, read.
During the week-long hearing, which began on May 11 and concluded a week later, the AIMPLB admitted that talaq-e-bidat (instant triple talaq) was sinful, but lawful. It submitted that the 1,400-year-old practice was ingrained in the community.
It further added that though they [AIMPLB] wanted to bring about a change, they did not appreciate any interference from outside.
“It has always been our contention that triple talaq, though undesirable is legal,” advocate Yusuf Mucchala said. “The practice is ingrained in the community and they believe it has a religious sanction,” an AIMPLB member said.
“We have also submitted in court that we do not want any interference,” Mucchala said.
Speaking on the undertaking given to the SC on Monday, Mucchala said such a resolution was once passed in 1986.
Another resolution was passed in April, wherein, the Muslim body had listed eight steps a couple could take in the unfortunate event of dissolving a marriage.
“Shariat is clear about divorce that the pronouncement of divorce without any reason and that three divorces in one go are not the correct methods of pronouncement of divorce. Such a practice is strongly condemned by the Shariat,” the 2017 April resolution read. “That is why the AIMPLB will start a grand public movement for desisting people from pronouncing divorce without any reason, and that in case of necessity only, divorce should be resorted to. In any case, three divorces at one go should not be resorted to. Every effort should be made to convey this message to all Muslims, especially the impoverished sections. The imams and orators of the mosques should be called for,” the resolution further read.
Earlier this month, a five-judge, multi-faith, all-male, constitution bench had heard arguments in a plea challenging the constitutionality of triple talaq, nikah halala and polygamy.
The bench led by the Chief Justice of India JS Khehar, however, took nikah halala and polygamy off the table and heard arguments limited to the practice of triple talaq.
The bench also comprising of Justices Rohinton Nariman, Kurian Joseph, UU Lalit and S Abdul Nazeer have reserved their judgment after hearing arguments from various parties for and against the practice.
Representing the AIMPLB, Senior Advocate Kapil Sibal had concluded his submissions by comparing the Muslim community to “small birds on which the Golden Eagle preys,” which the “community’s nests must have the protection of the SC.”
“It is that faith with which the community is today before the court, seeking protection of its personal law, customs and practices,” Sibal had said.
The Centre had submitted that it considered all forms of Muslim divorce “unilateral, extrajudicial, unequal.” It added, that the Union would enact a new divorce law for the Muslim men if the SC struck down the existing practices.
Responding to arguments put forth by various parties, the apex court had said, “There are school of thoughts [that] say triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims.” The Chief of India (CJI) JS Khehar had also compared the controversial practice in Islam to capital punishment. It was like death penalty – “abhorrent but still allowed,” the CJI had said.
The SC is venturing into the touchy topic of Muslim Personal laws for the first time since the famed Shah Bano case on April 23, 1985. 32 years later, the court has once again rallied to interpret and decide if the laws governing Muslim women protect their rights, or will the personal laws of religious communities be considered fundamental to their religion.
Fresh from its victory in the Uttar Pradesh elections, the Bharatiya Janata Party (BJP)-led Centre have called these practices “unequal and vulnerable.”
GROUND RULES
- The AIMPLB said qazis and imams will inform the wife that she can exclude the husband’s right to give instant triple talaq.
- The affidavit said social boycott will help decrease the incidents of divorce.
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