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. 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
                1. H
                  harish shinde
                  May 19, 2017 at 10:47 am
                  Supreme corrupt ki fat i - are bhai jab dam nahi hai muslimo se ladne ka to kyo AIMPLB se bhek mangte ho - ye apex court hai ya apex dalal street
                  Reply
                  1. B
                    bashir Ahmed
                    May 19, 2017 at 9:44 am
                    Muslim fake cleric Mr Abdul Hasan Rahi in City of Mumbai runs his own Sharia Shop in the name of " Mohakame Sharia Darul Qaza Rehmania . (F 46795) Translation in Marathi : ईस्लामीक कायद्या न्यायालय ईस्लामीक ऊच्च न्यायाTrTtय रहमानीया Translation in English : Judicature of Islamic Law Islamic High Court THIS NAME IS REGISTERED WITH CHARITY COMMISSIONER MAHARASHTRA MUMBAI REGION AS PUBLIC TRUST IN SECTION 9 (1) UNDER BPT ACT 1950 . MAIN OBJECT OF THIS PT TO PERFORM " NIKAH E FASK " AS PER MOA AT SL.3 ( C ) . This is fraud with Public . THIS MUST BE BANNED . INSANE INFAMOUS MR ABDUL HASAN RAHI SAYS THIS ISLAMIC COURT HAS BEEN GRANTED POWERS BY GOVERNMENT OF MAHARASHTRA FOR DISSOLUTION OF MARRIAGES WITH TERM " NIKAH E FASK " . APPEAL TO MUSLIM TO ERADICATE THIS EVIL FROM THE SOCIETY . NO ONE KNOWS ABOUT FASKH E NIKAH . THEY SAYS " NEGLIGENCE TO GIVE TALAQ WILL FACE CONSEQUENCES OF NIKAH E FASKH . BASHIR
                    Reply
                    1. A
                      Abansal Spslt
                      May 19, 2017 at 8:52 am
                      Every dark cloud has a silver lining! Since the beginning, Islam had this provision for girls to stipulate conditions of marriage at the time of nikah but our respected maulanas never promoted it, for obvious reasons. Now, with this debate about talaq, this very practical provision is known to everyone. It would be interesting to see what conditions girls come up with. A game changer, indeed!
                      Reply
                      1. M
                        madan gupta
                        May 19, 2017 at 8:42 am
                        SC should not listen the quazis/imams. Must make a law against triple talaq.
                        Reply
                        1. S
                          sahil
                          May 19, 2017 at 10:49 am
                          abe teri ma ko tere bap ne triple talaq diya hai kya - itna kyo bom mar raha hai
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                          1. S
                            SR
                            May 19, 2017 at 11:35 am
                            Bas#tard Sahil , quit India . Get out , we don't need filthy pigs in our country
                            1. S
                              sahil
                              May 19, 2017 at 12:24 pm
                              @SR teri ma ko tere baap ne diya kya - AIMPLB ke pas ja triple talaq le
                              1. D
                                Damodar Biswal
                                May 19, 2017 at 12:28 pm
                                R u a muslim clergy with vested interests,sir?Why do u support triple talaq?The words that u have used speaks of bad parenting n bad company.Kindly refrain from using such words.
                                1. S
                                  sahil
                                  May 19, 2017 at 1:02 pm
                                  @ damoder - is your wife ran away from you why getting frustrated go to AIMPLB get instant talaq or whatsapp talaq - marry another you will be frustration free but if you are above 45 then no chance
                                  1. S
                                    SR
                                    May 19, 2017 at 5:28 pm
                                    Abe Gaddhe Porki Treacherus Heathen what is this bull sh#it Go to AIMPLB , Go to AIMPLB that u are flapping ??? They are a worthless bunch of garbage like you so it is better if you and your AIMPLB dinosaurs go to Porkistan where you rightfully belong
                                2. V
                                  vs
                                  May 19, 2017 at 8:17 am
                                  If this is accepted by the SC then it is very clear that the SC has chickened out and is washing its hands off this case.Giving option to the women has no meaning.It sounds so illogical.Who is the Qazi ?Is he appointed by the courts?What nonsense.If this is going to be the verdict then these judges are useless having wasted 6 days.Let the govt.be bold.To with the SC judgment.Just do away with this evil practice.
                                  Reply
                                  1. S
                                    sahil
                                    May 19, 2017 at 10:50 am
                                    where were u when u r safron goons were cutting muslim women wombs and raping them in gujrat
                                    Reply
                                    1. S
                                      SR
                                      May 19, 2017 at 11:36 am
                                      Stop Bull#shi#tting . No such event ever happened It is false propa a by 3rd grade Tulukans like you
                                      1. D
                                        Damodar Biswal
                                        May 19, 2017 at 12:32 pm
                                        Mr.Sahil,I do not know whether u r Mr. or Mrs.But it seems that u have a fake iden y.Why do u support triple talaq?Is it because u want male members continue to dominate over muslim women for all times to come.Kindly change ur at ude n think of the present time.
                                        1. S
                                          sahil
                                          May 19, 2017 at 1:04 pm
                                          @ damoder parayi aurat pe nazar mad dalo buri adaat hai adat abhi badal dalo kyo ke ye adat yo adat hai jo DAMODER ka ghar PHUNKE PHUNKE PHUNKE
                                      2. M
                                        Mehboob Yusuf Sirnaik
                                        May 19, 2017 at 7:19 am
                                        I don't know why AIMPLB is trying to defend a practice which every one including itself agrees, is wrong and goes against women's right. Is tradition more important than women's right and life. Please be practical. Dont play with muslim women's lives in the name of 1400 yr. old tradition.Prove it right if it has been mentioned and sanctioned in Quran. Why so many muslim countries have abolished it if it is part of Islam?
                                        Reply
                                        1. J
                                          Jaganathan Vijayakumar
                                          May 19, 2017 at 8:00 am
                                          Excellent comments as an Indian
                                          Reply
                                          1. R
                                            razak sheikh
                                            May 19, 2017 at 10:53 am
                                            when women dont have problem what is your problem - begani shadi me duplicate mehboob sirnaik dewana - hey dewana mastana has all girls rejected you so looking at married women -
                                            Reply
                                            1. D
                                              Damodar Biswal
                                              May 19, 2017 at 12:34 pm
                                              Who says women do not have problems?If women have no problems who raised the issue.Kindly stop blaming others.Look within .U will get the answer.
                                          2. S
                                            Samuel Johnson
                                            May 19, 2017 at 6:25 am
                                            I am amazed even in this DNAge we are talking about equal rights to men and women and trying to exempt the slavery of women by Muslim men in the name of Koran in a secular country where a woman should be treated equal to a man. If this was a Muslim country all bets are off. Even those Muslim countries have banned triple talaq and if this was a Koranic tradition then are they breaking it? How illogical mullah Muslim men are? Don't you have mothers and sisters and daughters? Shame on you. Shame on Indian system which is now giving equal rights to Muslim women versus Muslim men. Marriage is an equal responsibility between a man and a woman. So if they go equally into it how can a man unilaterally break it? Then why not allow the woman also to unilaterally break it? What is this 3 words mumbo jumbo by muslim men? Every Indian citizen including women except Muslim men have to follow the process of divorce with equal rights except Muslim men who can just say bye bye bye and his wife is gone.
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                                            1. T
                                              Tushar
                                              May 19, 2017 at 11:23 am
                                              Don't blame Quran for this slavery .Quran has given equal importance to females .. Let's say more importance than men .That's y the gift called meher is made mandatory during nikah ...And no other religion instructs groom to reward an expensive gift to bride during marriage. And in case of tripple talaq women has equal right to say tripple talaq against men who f she wants to.. And instant talaq is sin ...as per Quran... All these new laws are customized one by mullas and qazis as per their convenience ..and by few selfish goons who are greed for dowry ....Dowry is haram in Quran though
                                              Reply
                                            2. S
                                              sk
                                              May 19, 2017 at 5:33 am
                                              You will allow it only after government and court whipped you. Why you did not allow it earlier if it is written in k0ran. If it is not written, how you can allow it now? You are ready to allow it now only to retain your triple talaq right for men.
                                              Reply
                                              1. M
                                                Mohammad Dar
                                                May 19, 2017 at 5:48 am
                                                If it is required to verbally commit to a marriage three time in front of 4 witnesses and an official, than it is required to be in the same manors for the divorce, three is the sign of finality, such as in a court, hamming of a hammer by the judge, and to have Qyas, to ume has no place in the domain of Truth, but, every thing has to be decided by the limit of the truth, otherwise it not justice but, hindrance to truth hinduism crime to justify, not justifiable by the limit of the truth.
                                                Reply
                                                1. S
                                                  Samuel Johnson
                                                  May 19, 2017 at 6:27 am
                                                  So if during Nikah the wife is uneducated she is doomed if she has no idea what it means? Why not also out a clause that the husband will not rape her and if she forgets to say Yea, he has a right to rape his wife. Why not also put a clause that he cannot kiII her. If she agrees then he can kiII her anytime. Wow SC.
                                                  1. M
                                                    Mohammad Dar
                                                    May 19, 2017 at 8:27 am
                                                    Sure, all kind of hinduism illegality can be included in a Nikahnam, a Muslim lady is privileged to, in case of she can designate a educated relative for her protection to review the contract, and the implementation, in legal manors, unlike in hind crime of hinduism immorality, woman has no right but a Dasi, slave. better look under your own hindu filthy chair, before advising , people of civility, Muslims. resident of gutter of hinduism illegality, in human form.
                                                    1. S
                                                      SR
                                                      May 19, 2017 at 11:49 am
                                                      Pig Dar Sure, all kind Islamic illegality can be included in a Nikahnam, a Muslim lady is not privileged to, in case of she is at the mercy of a relative for her protection to review the contract, and the implementation, in legal manors, unlike in Hinduism which provides protection of Alimony and maintenance . Better look under your own Jihadi filthy chair, before advising , people of civility, Muslims.are resident of gutter of hinduism and are a total illegality, in human form.
                                                  2. v
                                                    vijay_bhatia
                                                    May 19, 2017 at 5:02 am
                                                    No, not at the time of nikaalana. They should be able to say No when triple talaq is uttered. Effectively their divorces have to be granted by courts, just like for everyone else.
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                                                      vijay_bhatia
                                                      May 19, 2017 at 5:03 am
                                                      nikaahnaama
                                                      Reply
                                                    2. S
                                                      Socrates
                                                      May 19, 2017 at 4:49 am
                                                      "Women will get option to say no to triple talaq, Muslim board tells SC" What will that achieve for the women? More fights, beatings and ugliness? Come on Muslim board, how is your take on 3-Talaq in Islam is so vastly different than most of other Muslim countries that even have Sharia law enforcement? Is it your ego issue now to concede that this is actually a regressive social practice? Religion has everything to do with spirituality, do try to bring back some spiritual element to your religion.
                                                      Reply
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