Will advise Qazis to tell bridegrooms to not go for triple talaq, says AIMPLB in affidavit to Supreme Court

Source – intoday.in

The All India Muslim Personal Law Board (AIMPLB) today submitted an affidavit on triple talaq in Supreme Court in which it called the oral instant talaq an “undesirable” practice according to the Shariat (Islamic law) and said it will advise those performing Islamic marriages to include it in the ‘nikahnama’ (marriage contract).

In its 13-page affidavit, the Muslim body said it will issue an advisory through its website, publications and social media platforms requesting the Qazis (Islamic jurists) who perform the ‘nikah’ to follow certain steps to ensure triple talaq does not happen in a marriage.

“The person performing the nikah should advise the bridegroom that in case of differences leading to talaq (divorce), the bridegroom shall not pronounce divorce thrice in one sitting since it is an undesirable practice in Shariat,” says AIMPLB in its affidavit.

It further said: “The person performing the nikah will advise both bride and bridegroom to incorporate a condition in their ‘nikahnama’ to exclude resorting to the pronouncement of three divorces by her husband in one sitting.”

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.

Last week, the Supreme Court, which finished its hearing on a clutch of petitions challenging triple talaq, had asked how triple talaq can be a matter of “faith” when the Muslim bodies have been asserting that it is “patriarchal”, “bad in theology” and “sinful”.

The Supreme Court also reserved its verdict challenging the constitutional validity of triple talaq among Muslims after hearing various parties including the Centre, the All India Muslim Personal Law Board, the All India Muslim Women Personal Law Board, and various others.

The Centre later said it would bring in a legislation to stop the triple talaq, if necessary, “but after allowing the Muslim community to reach a positive conclusion following the internal deliberations”.