The All India Muslim Women Personal Law Board (AIMWPLB) is set to file a petition in the Supreme Court asking for a ban on triple talaq, and talaq given over email, SMS or by post to be declared invalid.
“We will put a petition asking for triple talaq in its present form to be banned and there should be an element of counselling. Lots of issues can be resolved by counselling. Often when a man gives talaq in a fit of rage but regrets it afterward, the couple has no option of going back because the Maulana says divorce has happened. We want that to change. Neither should talaq given over phone, by post or SMS be recognised,” said Shaista Amber, president of the AIMWPLB.
However, the board is not in favour of a uniform civil code, she clarified.
“Quran says there must be time for reconciliation between partners. It says when a man gives talaq he must pause and consult his wife. Otherwise, triple talaq is like a hanging dagger for Muslim women,” she said.
AIMWPLB has also sought a ban on “Nikah Halala”, where a woman who has been divorced through triple talaq has to marry another man and consummate her marriage with him before being eligible to remarry her ex-husband.
The board is also in favour of women being allowed to practice Khula — a form of divorce initiated by the wife, which is effected with the return of her husband’s wedding gift.