Triple Talaq: AIMPLB tells SC it will issue advisory against pronouncing divorce thrice in one go

The Supreme Court of India.

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 to not resort to triple talaq to annul their marriage. In an affidavit, AIMPLB said that it has decided to issue an advisory through its website, publications and social media platforms asking Qazis to tell bridegroom 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”, reported news agency PTI.

“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 will be scrutinised by a five-judge Constitution bench headed by Chief Justice JS Khehar, that reserved its verdict on triple talaq last week. The Supreme Court had on May 18 reserved its verdict on the issue on a number of pleas challenging the constitutional validity of triple talaq among Muslims after hearing the Centre, the AIMPLB and the All India Muslim Women Personal Law Board over six days. The apex court had asked Muslim bodies how such a practice could be a matter of “faith” when they have been saying that it is “patriarchal”, “sinful”, and “bad in theology.”