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. 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
                1. T
                  TTK
                  Apr 17, 2017 at 10:31 pm
                  Wrong But Valid is normally true in JUNGLE Laws.
                  Reply
                  1. T
                    TTK
                    Apr 17, 2017 at 10:11 pm
                    IS TRIPLE TALAQ REALLY A RELIGIOUS ISSSUE OR SOMETHING ELSE ?. THERE IS NOT EVEN A SINGLE MUSLIM COUNTRY WHERE ALL CATEGORIES OF MUSLIMS CAN LIVE IN A CIVILIZED WAY. WHY ?. IS IT REALLY A RELIGIOUS ISSUE ?
                    Reply
                    1. T
                      Truth
                      Apr 17, 2017 at 8:39 pm
                      Misusing the tax-payers' money is wrong but valid .........the rulers set the trend !
                      Reply
                      1. K
                        kvjayan
                        Apr 17, 2017 at 8:01 pm
                        "Wrong but valid". Good but cruel, nice but nasty and so on.
                        Reply
                        1. B
                          bhaskarmittal
                          Apr 17, 2017 at 6:54 pm
                          Many people have read faithfreedom and converted to Christianity and m women in west.
                          Reply
                          1. P
                            Paritosh Dass
                            Apr 17, 2017 at 6:32 pm
                            A simple question - How a wrong thing can be valid ?
                            Reply
                            1. I
                              indian
                              Apr 17, 2017 at 6:12 pm
                              Wrong but valid. Lol
                              Reply
                              1. B
                                Binay
                                Apr 17, 2017 at 5:33 pm
                                Sharia is a thing of the past. Once democracy is accepted in India, such religion-defined law boards should have been banned. If a person (normally women) suffer because of these rules, these law-boards do nothing to help the victims. The victims go only to the judiciary which is part of the democratic setup. There should be a common civil code which all Indians must follow. Other religion-defined rules can be on top of the basic rules of common civil code.
                                Reply
                                1. R
                                  Rajesh
                                  Apr 17, 2017 at 5:31 pm
                                  All goondagardi will end, Now Modi and Yogi era has started. Where women are not respected that place is equivalent to . So destroy and disobey everything which does not respect women. So triple talaq is rubbish idea and is there in India only due to appea t policy of secu lar joke-rs.
                                  Reply
                                  1. I
                                    Indian
                                    Apr 17, 2017 at 5:05 pm
                                    QUR-AN is the source of all evil in IS-LAM. QUR-AN even directs MU-SLIMS not to befriend NON-MU-SLIMS. ................ Qu-ran (3:28) - "Let not the believers Take for friends or helpers Unbelievers rather than believers: if any do that, in nothing will there be help from Allah: except by way of precaution, that ye may Guard yourselves from them... .......... If QUR-AN discard all violent, Anti-women & anti-non-Mu-slim Verses the 632AD religion will become a suitable religion for modern world in 2017.
                                    Reply
                                    1. M
                                      Muzammil Shaikh
                                      Apr 17, 2017 at 5:25 pm
                                      While the world’s po tion is projected to grow 32 in the coming decades, the number of Muslims is expected to increase by 70 – from 1.8 billion in 2015 to nearly 3 billion in 2060. In 2015, Muslims made up 24.1 of the global po tion. Forty-five years later, they are expected to make up more than three-in-ten of the world’s people (31.1 ). I hope you read the quran well to understand what is written and not quote things omly and out of context.
                                      Reply
                                      1. C
                                        charlsdixi
                                        Apr 17, 2017 at 11:51 pm
                                        Shaikh Muslims number is increasing because of breeding like roaches there is not any divine or spiritual factor behind it !! after all your " argumentum ad populum" fallacy put your cheap comment in the category of garbage!!!
                                    2. A
                                      ak dev
                                      Apr 17, 2017 at 5:00 pm
                                      Where is the award wapasi gang on this wrong but valid argument? The w of Quran is wrong but valid.
                                      Reply
                                      1. S
                                        sujaya misra
                                        Apr 17, 2017 at 4:39 pm
                                        If its wrong yet valid, isn't it time to right things and make it invalid. Where are all the activists when something so important for women is being sought to be resolved.
                                        Reply
                                        1. S
                                          Shabih Siddiqui
                                          Apr 17, 2017 at 4:05 pm
                                          Wrong yet valid? Time these learned (?) Elderlies be rightly guided from the Book and look for ways to sa uard the economic needs of the women and children.
                                          Reply
                                          1. A
                                            ak dev
                                            Apr 17, 2017 at 5:03 pm
                                            The most dangerous thing is to take guidance from Quran, the mother of terrorism.
                                            Reply
                                            1. M
                                              Muzammil Shaikh
                                              Apr 17, 2017 at 5:27 pm
                                              I think you would be left alone when the right religion will take over the hypocrite like you. While the world’s po tion is projected to grow 32 percent in the coming decades, the number of Muslims is expected to increase by 70 percent – from 1.8 billion in 2015 to nearly 3 billion in 2060. In 2015, Muslims made up 24.1 percent of the global po tion. Forty-five years later, they are expected to make up more than three-in-ten of the world’s people (31.1 percent).
                                              1. C
                                                charlsdixi
                                                Apr 18, 2017 at 3:01 pm
                                                Shaikh Muslims number is increasing because of breeding like roaches there is not any divine or spiritual factor behind it !! after all your " argumentum ad populum" fallacy put your cheap comment in the category of garbage!!!
                                            2. S
                                              Satish Sharma
                                              Apr 17, 2017 at 3:24 pm
                                              Can a wrong thing equals to valid what a joke
                                              Reply
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