The All India Muslim Personal Law Board (AIMPLB) stated on Monday that they will release an advisory to all imams and qazis with a nice to advise the new couples at the time of nikah, not to use triple talaq instantly. The AIMPLB also added that the qazis and imams are also advised educating the wife that she has the power to exclude the husband’s right to give instant talaq by adding this to the nikahnamma.
The AIMPLB statement confirms their supports for the contentions that “triple talaq is an undesirable practice”. The statement came following the Supreme courts hearings around Triple Talaq a week ago. The affidavit also added that all those men who will refer to triple talaq will be socially boycotted. “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 emphasizing the need to avoid the pronouncement of three divorces in one sitting,” the affidavit, filed in the Supreme Court, read.
The entire matter rolled in the courts for a complete wee, starting May 11 and during the hearings, the AIMPLB admitted that talaq-e-bidat (instant triple talaq) was a sinful practice but lawful. They also added that it was a 1400 years old practice that was first ingrained in the country.
AIMPLB also added that they would like to bring the change however, they do not welcome any external intervention.
“It has always been our contention that triple talaq, though undesirably 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.
Discussing the entire undertaking, Mucchala said on Monday that one such resolution was passed in 1986.
After which, another resolution was passed in the month of April wherein the authority explained 8 rightful steps to follow in case a couple considered dissolving their 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 resisting people from pronouncing divorce without any reason, and that in the 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.
A few weeks ago, a five-judge, multi-faith, all-male, constitution bench heard the arguments related to a case that challenged the constitutionally of triple talaq, polygamy, and nikah halala.
Led by the Chief Justice of India JS Khehar, the bench decided to pick one issue at a time, quoting the paucity of time and thus started with the practice of triple talaq.
Justices Rohinton Nariman, Kurian Joseph, UU Lalit and S Abdul Nazeer were the other members of the bench.
Senior Advocate Kapil Sibal represented the AIMPLB, he concluded in his submissions stating that the Muslim community as “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.
Responding to arguments put forth by various parties, the apex court had said, “There is a school of thoughts [that] say triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims.”