The decision by a five-judge Supreme Court bench to bar instant triple talaq has been welcomed by most Muslim social activists. “It is a big day for Muslim women as constitutional safeguards will now be applicable for them. We hope that now on, there would be some steps taken to codify the personal law. However, we want to make it clear that we are not in favour of uniform civil code. We are seeking rights that have been promised in the Quran and Hadith itself,” said Bharatiya Muslim Mahila Andolan convenor Noorjehan Safia Niaz.
“The All India Muslim Personal Law Board (AIMPLB) has been in existence for over 30 years. They took ages to come up with a model Nikahnama which was the need of the community. There is a need for internal reforms…,” said Aamir Edressy, president of the Association for Muslim Professionals. For women whose lives were derailed by triple talaq, verdict brings hope. Click here to read.
The AIMPLB has, meanwhile, stated that the SC verdict should not be misused by the government to try to interfere with personal laws through legislation. “We are aware that many Muslims believe Talaq-e-Bidat given in one sitting, has basis in religious beliefs. However, while we accept the judgment, we will examine the issues of its implementation and will work to resolve the same,” the AIMPLB said in a statement. Reacting to the judgment, women’s rights legal expert and activist Flavia Agnes said its implementation on the ground will be the key.
“There have been previous orders, including in the Shamim Ara case of 2002, which had invalidated arbitrary triple talaq. There is a need to have community awareness to ensure that this practice is stopped. The All India Muslim Personal Law Board had said in its affidavit before the Supreme Court that it will advise the Qazis performing marriages under the Islamic law to include a statement in the nikahnama itself to exclude the practice. This should be effectively done by those performing the marriages,” Agnes said.