Women will get option to say no to triple talaq, Muslim board tells SC

Concluding its hearing of a clutch of petitions challenging the practice of triple talaq, polygamy and nikah halala, the bench, which includes Justices Kurien Joseph, U U Lalit, R F Nariman and Abdul Nazeer, reserved its verdict.

Written by ANANTHAKRISHNAN G | New Delhi | Published:May 19, 2017 3:13 am
triple talaq, three talaq, muslim divorce, supreme court, what is triple talaq, AIMPLB, J S Khehar, indian express news, india news The Supreme Court. (File Photo)

THE ALL India Muslim Personal Law Board (AIMPLB) told the Supreme Court on Thursday that it would enable Muslim brides to include in the nikahnama (marriage contract) a provision allowing them to say no to triple talaq.

“We also don’t want the practice to go on. We had a meeting yesterday. It will be part of the nikahnama. We will send an advisory to all ‘qazis’ stating that they should avoid instant triple talaq,” senior counsel Kapil Sibal, appearing for the AIMPLB, told a five-judge bench headed by Chief Justice J S Khehar.

Concluding its hearing of a clutch of petitions challenging the practice of triple talaq, polygamy and nikah halala, the bench, which includes Justices Kurien Joseph, U U Lalit, R F Nariman and Abdul Nazeer, reserved its verdict.

The bench had on Wednesday asked the AIMPLB if it was possible to include such a provision in the nikahnama. “Can it be made possible to give an option to a wife that she can say that she was agreeable to or not agreeable to it (triple talaq)? Is it possible to pass a resolution to all ‘qazis’ to include this condition in ‘nikahnama’? Give an option to wife to say ‘no’ to triple talaq,” the bench had asked. Reacting to Sibal’s submission today, Justice Kurien asked, “why not bring it on record”.

“Yes, we are doing it,” replied Sibal.

Explaining the AIMPLB’s stand outside the court, senior counsel and Board member Yusuf Muchhala said, “At the time of marriage, the religious functionary will inform the bride-to-be that she has the right to stipulate a condition in the nikahnama stating that her husband-to-be shall not pronounce triple talaq in one sitting.”

Asked how soon this would be done, he said, “We have not committed to any time limit, but we shall do it.”

Senior counsel Amit Singh Chadha, appearing for petitioner Shayara Bano, told the bench that “it will not solve our problems because married women will still have to go to court (in case talaq is pronounced)”.

Another petitioner, Farah Fayaz, questioned the qualification of ‘qazis’, and asked how they could be allowed to sit in judgement on the lives of these women. She demanded that the “parallel judicial system of Dar-ul Khada be banned”.

The AIMPLB had earlier admitted that instant triple talaq is sinful. Recalling this, Justice Kurien asked, “you profess it to be sinful, then how can it enjoy the protection of the Koran?”

“Many sinful things happen in the world. Your lordships are not here to decide what are the sinful things… Parliament can interfere, it can make a law,” replied Sibal.

He followed this up with a statement that “women accept triple talaq”, inviting a chorus of protests from women lawyers in the court.

Apparently replying to the contention that triple talaq is not sanctioned by the Koran, Sibal said, “you cannot go to the Koran and decide what Islam is. Islam is Koran, Hadith, Qiyas (analogy) and Hijma (consensus).”

Sibal reiterated that triple talaq is a part of personal laws of the community and enjoys protection from the court’s scrutiny. “The only permissible Constitutional route under Article 25 is for the Legislature to make a law and then its validity will be tested in court,” he said.

Senior counsel Salman Khurshid, who was deputed to assist the court, defended the AIMPLB, saying “it cannot be dismissed as an NGO etc. It is a congregation of those who are engaged in the study of Islam. What they say should be taken with some seriousness.”

“If it (instant triple talaq) is bad in theology, it is bad to God, how can something bad to God be personal law,” asked Justice Kurien. “It cannot be,” replied Khurshid, adding, “it was added later, it is not there in the Koran.”

The Centre has termed all forms of triple talaq as unconstitutional and demanded that they be struck down.

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  1. B
    bashir Ahmed
    May 26, 2017 at 9:55 am
    ईस्लामीक कायद्या न्यायालय ईस्लामीक ऊच्च न्यायालय Rehmania F 46795 Mohakame Sharia Darul Qaza Rehmania. FRAUD APPEAL TO MUSLIM NOT TO APPROACH THIS BOGUS PUBLIC TRUST. ANY ONE AGGRIEVED BY THIS PUBLIC TRUST WITH INTERVENTION IN MATRIMONIAL DISPUTES . DON'T GET PANIC REPORT THE MATTER AGAINST THIS FAKE KAZI AND TRUST TO AREA POLICE STATION . AND TO CHARITY COMMISSIONER OF MAHARASHTRA MUMBAI REGION WITH COMPLAINT THIS IS VERY BIG FRAUD WITH PUBLIC BY THIS PT. ERADICATE THIS EVIL FROM THE SOCIETY. IT IS WRONG /ILLEGAL SUPPORT OF GOVERNMENT OF MAHARASHTRA TO ISSUE THE LICENCE F 46795 OF ASINATION OF MUSLIM COMMUNITY.
    Reply
    1. P
      Pinna
      May 19, 2017 at 7:43 pm
      No, it would be no justice at all. What sort of justice it would be? The T3 (Tripple Talak) still remain in the hands of menfolks and the fundamentalist Qazis"! It would rather be status quo!I The womenfolks in Islam will not have the equal status and will remain at the mercy of their husbands! The entire case raised its head to remove the injustice being meted out to them. Proper justice would have been if the sole right would have been snatched from the menfolks and given to the courts. No separate religious laws should try to over ride the cons utional law of the land. Every tried to impose the Islamic in more advanced countries in the West? The law of the land always reign supreme. The court should not impose any religious law on everybody. Let the intelligent minds from all the religions sit together, adopt the good edicts and prune out the bad ones and form one Uniform Civil Code, the model religious code applicable on all the religions.
      Reply
      1. S
        SR
        May 19, 2017 at 5:54 pm
        In view of its total oposition the AIMPLB must be dissolved and recons uted with full representation for the other groups like the Ahle Hadis and Jafri and also the Muslim women's groups otherwise the Muslim women have no future in the hands of AIMPLB and Kapil Sibal
        Reply
        1. A
          amecho
          May 19, 2017 at 4:02 pm
          AIMPLB is nothing but the HAWA created by Congress. I m sure majority of Muslims are against triple talaq as Muslims are also having daughters
          Reply
          1. R
            rohini dixit
            May 19, 2017 at 12:39 pm
            my dear hindu women we should also start practising triple talaq courts cannot stop us it is so easy and we can get rid of non loving non sati sfying husbands - why should we waste our young reproductive age in court cases which takes minimum 5-15 years - till then a women of 30 will become infertile due to menopause -
            Reply
            1. I
              Ismail Bambaikar
              May 19, 2017 at 3:24 pm
              yes all women of all religion should have their divorce completed with in 90 days, so that they can move on
              Reply
            2. S
              sahil
              May 19, 2017 at 12:34 pm
              before saying NO in agreement to triple talaq - all women will be beaten blue and black so now they cant say no
              Reply
              1. D
                Damodar Biswal
                May 19, 2017 at 12:24 pm
                The AIMPLB is playing politics.Why adding clauses?Why not abolishing triple talaq?
                Reply
                1. R
                  rabia kuraishi
                  May 19, 2017 at 12:43 pm
                  becoz AIMPLB is not corrupt like your RSS and they dont have slaves like dalits who are killed for kil cows and dogs - by the way from when you started loving muslim women - are you not satisfied by your wife if i tell your wife she will beat you
                  Reply
                  1. S
                    SR
                    May 19, 2017 at 5:26 pm
                    Brain gangrene spotted
                2. R
                  razak sheikh
                  May 19, 2017 at 10:55 am
                  AIMPLB has put one more clause - men also will have option to say no to NO of women in marriage - so then the muslim womens NO is neutralised and staus quo - maintained
                  Reply
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