The All India Muslim Personal Law Board (AIMPLB) on Monday told the Supreme Court that it would issue an advisory to qazis to tell bridegrooms that they will not resort to triple talaq to annul their marriage.
In an affidavit, AIMPLB said it has decided to issue an advisory through its website, publications and social media platforms asking qazis to tell bridegrooms at the time of execution of nikahnama (marriage contract) that they would not resort to “three divorces in one sitting” in case of differences as it was an “undesirable practice in Shariat”.
“At the time of performing nikah (marriage), 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,” the affidavit filed by AIMPLB secretary Mohammad Fazlurrahim said.
“At the time of performing nikah, the person performing the nikah will advise both the bridegroom/man and the
bride/woman to incorporate a condition in the nikahnama to exclude resorting to pronouncement of three divorces by her husband in one sitting,” it said.
The affidavit would be perused by a five-judge Constitution bench headed by Chief Justice JS Khehar which has reserved its verdict on the issue of triple talaq last week.
The apex court had on 18 May reserved its verdict on a batch of pleas challenging the constitutional validity of triple talaq among Muslims after hearing parties including the Centre, the AIMPLB and the All India Muslim Women Personal Law Board (AIMWPLB) for six days in summer vacation.
During the hearing, the apex court had asked Muslim bodies as to how can a practice like triple talaq be a matter of “faith” when they have been asserting that it is “patriarchal”, “bad in theology” and “sinful”.
The move to submit the affidavit to the apex court at this stage was not received well from AIMWPLB.
Speaking to Times Now, AIMWPLB chairperson Shaista Amber said that the submission of the affidavit was an attempt to mislead people. “No matter how much they explain to the Supreme Court, they can’t prove that the rights given in Quran are being followed 100 percent. This is in someway freeing male-dominated society. They are misleading the court,” she said.
She also accused the AIMPLB of not wanting to give women their rights.
However, Shamsuddin Tamboli, president of Pune-based Muslim Satyashodhak Mandal, said he saw this affidavit as a positive as it could create awareness among people. However, he was skeptical on whether the advisory will have any effect.
“AIMPLB does not represent the entire Muslim community. I doubt whether muftis and qazis will accept this order. But at least the AIMPLB has accepted the problem. But for people like us, there is need of ban,” Tamboli told Times Now. “There is a need to provide justice to Muslim women,” he added.
