Shahi Imam of Delhi’s Jama Masjid Syed Ahmed Bukhari today said the issue of triple talaq would not have reached the Supreme Court, had the All India Muslim Personal Law Board (AIMPLB) not failed to address the problems of women “wronged” by the divorce practice. Bukhari said the stand of the AIMPLB, which “considers itself as a custodian” of the matters related to civil issues of the Muslim community in the country, was ambivalent in the matter of triple talaq.
“Why did the Muslim Law Board not act? This is why these women (the petitioners) had to approach the court. The Muslim Law Board first told the court that it would issue an advisory in the marriage contract to avoid this practice. Then, it said it would socially boycott those who resort to this practice,” Bukhari told PTI. The Supreme Court by a majority verdict today set aside the practice of divorce through triple talaq among Muslims, saying the practice was void, illegal and unconstitutional.
“In view of the different opinions recorded by a majority of 3:2, the practice of ‘talaq-e-biddat’ – triple talaq is set aside,” a five-judge constitution bench said in a 395-page order. While Chief Justice J S Khehar and Justice S Abdul Nazeer were in favour of putting on hold for six months the practice of triple talaq and asking the government to come out with a law in this regard, Justices Kurian Joseph, R F Nariman and U U Lalit held it as violative of the Constitution.
On May 22, the AIMPLB had told the Supreme Court that social boycott of Muslims who resort to triple talaq was among the new guidelines issued by it for married couples. Five separate petitions were filed by Muslim women challenging the practice of triple talaq.