Triple talaq undesirable, practitioners to face boycott: Muslim board to SC
The affidavit, filed by AIMPLB in the SC, also speaks of excluding the provision of triple talaq from the nikahnamas (marriage contracts).india Updated: May 23, 2017 00:16 IST
Instant divorce through triple talaq is undesirable and anyone practising it will face social boycott, an influential Muslim body told the Supreme Court on Monday, as it appeared to be backing down over the controversial issue facing judicial scrutiny.
The All India Muslim Personal Law Board (AIMPLB)’s views were presented in an affidavit that included a copy of resolutions adopted during a meeting in April to discuss the Sunni sect’s practice that allows a man to divorce his wife by uttering ‘talaq’ thrice in quick succession.
A five-member multi-faith bench led by chief justice JS Khehar last week reserved its verdict on a clutch of petitions by Muslim women seeking scrapping of the provision,which they say is against gender justice. The central government has backed the petitioners.
“...The person performing the ‘nikah’ will advise the bridegroom/man that in case of differences leading to talaq, the bridegroom/man shall not pronounce three divorces in one sitting since it is an undesirable practice in Shariat,” said the affidavit filed by advocate Ejaz Maqbool.
The board said it will issue an advisory to cross out triple talaq from the nikahnama, a nuptial contract.
The board informed the court about its meetings on April 15 and 16 where it was “resolved to convey a code of conduct/guidelines to be followed in the matters of divorce emphasising to avoid pronouncement of three divorces in one sitting.”
The resolution mandated boycott of Muslims resorting to instant divorce. “This...will be much helpful in decreasing incidents of divorce,” said the resolution, adopted by the board’s 25-member working committee that includes three women.
After defending triple talaq fiercely as a matter of faith, the board taken a conciliatory stand in the last hearing. Throughout the hearing, the board had requested the court to let the community find a solution to the issue.
On May 18, it said qazis – clerics who solemnizes marriages -- will be asked to give brides the option of keeping the controversial divorce practice out of their marriage contract.
The board’s affidavit was in response to the top court’s suggestion to issue such an advisory. But the board advice is not binding as it is not a statutory body.
Although AIMPLB had told the court the advisory would be issued within a week, the affidavit was silent on this. The advisory, it said, will be put up on the board’s website, issued through publications and social media platforms.
The government earlier said it will bring a separate law for Muslims if the court strikes down all forms of triple talaq, including the one that Quran validates.