Triple talaq ‘wrong’, but valid: Muslim law Board

The Board’s code of conduct said the Sharia considered marriage “a permanent and stable relationship”.

Written by RAMENDRA SINGH | Lucknow | Updated: April 17, 2017 11:31 am
AIMPLB general secretary Maulana Wali Rahmani with Executive Members Zafaryab Jilani, Maulana Khalid Rasheed Farangi and Women’s wing head Asma Zahra at a press conference in Lucknow on Sunday. (PTI Photo)

The All India Muslim Personal Law Board (AIMPLB) Sunday said instant triple talaq — in which the husband says ‘talaq’ thrice in quick succession — is “wrong”, but is still a valid way to end a marriage.

The Board, however, also said Muslims who “misuse” instant triple talaq would face a “social boycott” from the community. It issued an eight-point code of conduct on divorces and marital disputes as it sought to counter the perception that Sharia-based Muslim personal law is prejudiced against women.

At the end of the two-day meeting of its executive committee — which was dominated by the issue of triple talaq — the AIMPLB also iterated that it would “accept the Supreme Court’s verdict alone” on the Ramjanmabhoomi-Babri Masjid dispute. “The title suit is pending in the Supreme Court and sooner the verdict comes the better,” AIMPLB general secretary Maulana Mohammad Wali Rahmani told reporters.

Not only was triple talaq valid, conveying it by a mobile phone message too, was valid, Rahmani said. He drew a parallel with sending an invitation card instead of inviting in person — the card is considered enough to convey the invitation for a wedding, and the host is not required to go himself, Rahmani said.

In a statement issued after the meeting at the Darul Uloom Nadwatul Ulama Islamic seminary in Lucknow, AIMPLB president Maulana Rabey Hasani Nadvi said Muslims have “complete constitutional right” to practise their personal law, which also put the responsibility on the community to “protect it by fully adhering to it”.

The Sharia has given equal rights to men and women, and it is the responsibility of the community to provide those rights to women, Nadvi said. There are “large-scale misconceptions” about Muslim personal law, especially the law of talaq, because of lack of “correct information”, he said.

“The correct argument is that the talaq has been kept to save the women from danger,” the statement said, adding that if a few people misuse it, what is required is not a change in the law, but the reforming of such people.

When Muslims are not allowed to force their religious beliefs on others, the traditions of other religions should also not be imposed on them, Nadvi said.

The Board’s code of conduct said the Sharia considered marriage “a permanent and stable relationship”. In the first three points, it urged Muslim couples to try to settle their differences by themselves, attempt temporary separation, and involve family members for reconciliation and arbitration.

If mediation does not work, triple talaq should be employed, but with fixed waiting periods between declaration of talaq for the first, second and third times. The husband should leave the wife after giving the first talaq, and allow the waiting period of iddat get over. If a compromise is reached during the waiting period, they should restart their relationship, the Board has said.

According to the code of conduct, if the wife is pregnant, the waiting period will continue until the pregnancy is over. The husband will have to give maintenance to his wife for the waiting period of iddat, and return the mehar (promised at the time of marriage) after the divorce is finalised.

It has also said the husband should strictly follow the waiting period and declare talaq for the first time in the first month, for the second time in the second month and for the third time in the third month in “paki (pure) condition”.

It has said that the wife too can end the marriage by using khula. The eighth point in the code of conduct states that the Muslim community should socially boycott the person who gives instant triple talaq. This social boycott, Rahmani said, would be similar to the practice of denying “hookah paani (social contact)”.

Rahmani told reporters that the Board has appealed to imams of mosques and clerics to stress on adherence to the code of conduct in their speeches at Friday prayers. He said the Board would help women who have suffered due to the “unjust use of triple talaq”.

The rate of divorce among Muslims, Rahmani said, was much lower than what is sometimes portrayed in the media. He sought to clarify the practice of halala: “The meaning of halala is that the woman is haram for the husband after talaq. She can then marry another person. And if her second husband dies or the couple gets divorced, she can return to her first husband. This is not like it’s done on purpose.”

Rahmani did not comment on the BJP governments’ support to the demand for an end to instant triple talaq. Uttar Pradesh Chief Minister Yogi Adityanath has said that his government would present its “stand formed on the basis of Muslim women’s opinion” to the Supreme Court, which is hearing petitions related to triple talaq. Adityanath has asked for a plan to gather the views of Muslim women, and directed ministers to meet with women’s groups.

Board member Kamal Faruqui rejected as incorrect the “propaganda” that a lot of women were affected by triple talaq. Another member, Maulana Khalid Rasheed Farangi Mahali, said Muslims had a lower rate of divorce than non-Muslims.

Asma Zahra of the AIMPLB women’s wing said the Board had collected 5.81 crore signatures — including from 2.71 crore women — from individuals who said they wanted to follow Muslim personal law and opposed uniform civil code. Muslim women have the right to remarry after divorce and after the death of their husband, she said.

Zahra said the Board is working to help women affected by instant triple talaq, and has set up a toll-free helpline. “We have received 15,500 calls on the helpline. Most of the calls are not on the issue of triple talaq but related to marital discord and family disputes. Men are also calling to seeking help to counsel their wives. The real issues for women are dowry, female infanticide and security of women,” she said.

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  1. A
    Almas Tamkeen
    Jul 21, 2017 at 6:16 pm
    Instant Triple talaq is a crime because it is the illegal act And also in our Islam huzzur sallallhu walehusallam had said equal rights to both girl and the boy.but the boy who given the instant triple talaq is so selfish he would never think of his wife and children..why??Our Islam does not suggest us to do the crime..it is the religion of peace.. our islam KNOWINGLY DOING THING is a crime but husband will do..the people who know the Islam but then also thay were making a big knowingly mistake means obviously it is a crime.Breaking arealionship of husband and is a serious crime..Allah has made boys to protect the girls in Islam but they misuse the laws of Islam.why should the anger come to husband??Because of misunderstanding...here husband will believe that he knows everything and he is right..obviously wrong..if the girl is right then also be forcefully made her wrong means its crime.SOME PEOPLE SAID INSTANT TALAK IS NOTHING LIKE INVITION FOR A MARRAIGE IS VALID NO it's INVALID
    Reply
    1. M
      Mariya Haroon
      May 14, 2017 at 4:12 pm
      WE NEED A LAW AGAINST TRIPLE TALAQ AND ALSO POLYGAMY TO PUNISH FRAUD PEOPLE WHO ARE USING ISLAMIC LAWS TO SA UARD THEMSELVES.
      Reply
      1. M
        Mariya Haroon
        May 14, 2017 at 4:08 pm
        A fraud man named MD Haroon (husband) and his family looted my business , thrashed me and my children for the last 11 years. .when reported against the man in the Mahila thana, came to know that he has used triple talaq against me and so i cannot file any case against him. Till 01 Feb 2017 morning he was with me, we slept together the lastnight. In the morning he asked for 2 lakhs which i was unble to fulfill. He thrashed me and ran away,saying i will show you and i was blamed that i had not kept relations with my him for last 5 years and so has given me triple talaq according to shariya. I came to know that Muslim Personal law board is helping such women and wrote an email but didnot receive any reply. this man has made my life miserable. I am suffering financially,physically and mentally but there is no relief from anybody. People can talk big things but cannot realise what others are facing. This man says that there is no law against triple talaq so mera koi kuch nahi kar sakta
        Reply
        1. S
          Synder Anderson
          Apr 27, 2017 at 8:00 pm
          What a joy my ex husband is back to me after a love spell that Lord Alika cast for you what a great joy today that my husband is back home to me plz if you need any help contact Lord Alika contact him on lordalikaspelltemple@yahoo.co.uk
          Reply
          1. X
            Xavier
            Apr 19, 2017 at 1:39 pm
            Triple talaq is definitely wrong. But there is a bill which astonishingly was p ed by Rajya sabha termed IRBM wherein the Hindu wife can divorce a hindu man and also get half his property and half his ancestral property at one shot. The husband cannot object. He cannot even initiate the divorce. If the man initiates the divorce, wife can object. This bill is called irretrieiable breakdown of marriage bill IRBM for which woman's rights organisation are constantly and clandestinely pushing forward by means , mostly foul. If triple talaq is bad for wives, IRBM is cancer for Hindu husbands. Why there is no talk on IRBM as much as there is talk on triple talaq???The tragedy is that in these times and era a blatantly anti man law is mooted and is set to become a law and there is no discussion on that. Many people not even are aware of this. This is because feminists lobby for such laws through crores and crores of money pumped in by foreign organisations and get them p ed unilaterally.
            Reply
            1. A
              Ajay
              Apr 18, 2017 at 9:59 am
              triple talaq should ban this will give good and respectable life to muslim womens In hindus womens are treated as goddess but in muslims womens........ thats the reason every body likes hindu religions more
              Reply
              1. P
                Pappalil Prabhakaran
                Apr 18, 2017 at 6:48 am
                Things that are wrong cannot be valid and legal.
                Reply
                1. L
                  lakshmi das
                  Apr 18, 2017 at 2:15 am
                  once you accept its wrong, what is stopping you from correcting the situation so called religious leaders of all religions are fooling people and people are very willing to be fooled
                  Reply
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