AIMPLB to constitute committee to examine SC judgment on triple talaq
The AIMPLB working committee said talaq-e-biddat is sinful but valid. It also criticised the Modi government and said attacks on personal law would not be tolerated.india Updated: Sep 10, 2017 23:56 IST
Three weeks after the Supreme Court banned triple talaq, the All India Muslim Personal Law Board on Sunday said that talaq-e-biddat (practice of three pronouncements of talaq in one sitting) was sinful but valid and it has its basis in religious texts and belief as per Sharia applicable to four Sunni schools of thought.
The AIMPLB’s working committee met here to discuss the Supreme Court’s recent judgment on triple talaq but the meeting remained inconclusive on whether to challenge the Supreme Court’s judgment declaring triple talaq as unconstitutional.
While ‘respecting the judgment’ the working committee decided to constitute a committee to examine the judgment ‘to see the inconsistency, if any, with Shariat’.
At the same time, the committee to be constituted it will advise the board method and process for ‘undertaking large scale community reform programme within the Islamic Sharia (Islah-e-Mashrah)’, according to a two-page statement issued by the board after a nine-hour marathon meeting.
Attacking the Narendra Modi government at the Centre the statement said, “The government had laid bare its intention in the form of the attorney general’s submission in the Supreme Court that all forms of dissolution of marriage without intervention of the court should be declared as unconstitutional. We record our displeasure and consider it as attack on personal law of Muslims.”
It further said, “This stand of the present government is contrary to the protection guaranteed by the Constitution of India. We make categorical statement that the community cannot and shall not tolerate such attack on personal law of Muslim community.”
As per the statement which was read out by Kamal Faruqui, an executive committee member of the board, it was of the view that Islamic/Sharia law is based on the Quran, Hadith, Ijma and Qiyas. “We reiterate that the sanctity of belief and practices in personal/matrimonial relations in Islamic laws cannot be treated differently from the belief and practices in personal matrimonial relationship by the other citizens of India who follow their own custom and practice and they have this protection.”
He said as per Sharia applicable to four Sunni schools of thought talaq-e-biddat (practice of three pronouncements of talaq in one sitting coming into effect immediately) was sinful but valid. It had its basis in religious texts and belief.
“We have taken steps to discourage this practice through community reform programmes and issued a model form of Nikahnama about two decades ago. Prior to this (SC’s) judgment we had already submitted to the Supreme Court that those who indulge in talaq-e-biddat, should be socially boycotted. The board has also filed affidavit to the effect that the board shall advise all the qazis, imams, maulvis that they should advise the bridegroom/man that in case of difference leading to talaq, the bridegroom/man shall not pronounce three divorces in one sitting,” said the statement.
About 45 members including the board president Mohd Rabey Hasani Nadvi, other office-bearers, All India Majlis-e-Ittehadul Muslimeen (AIMIM) president and MP Asaduddin Owaisi and Babri Masjid Action Committee convener Zafaryab Jilani took part in the meeting. Three woman members also attended the meeting.
Talking to reporters, Zafaryab Jilani said they would abide by the court’s judgment on the issue. However, he said, one political party was trying to interfere in the issue and politicize the matter.
“We are examining the entire legal issue as to how to prepare ourselves for the Supreme Court’s day-to-day proceedings on the matter to begin from December”, he added.