Muslim personal law board files affidavit in SC, promises advisory to qazis on “undesirable triple talaq” practice

Affidavit also says it has already called upon Muslims to socially boycott husbands who resort to triple talaq

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The All India Muslim Personal Law Board (AIMPLB) has filed a fresh affidavit in the Supreme Court on Monday promising it will issue advisories to qazis across the country asking them to counsel the bridegroom and the bride on the “undesirable triple talaq” practice.

The marital couple will be advised to use a nikahnama (marriage certificate format) which has a clause barring the husband from instantaneously divorcing his wife by resorting to the currently prevalent triple talaq (“talaq, talaq, talaq”) practice, whether orally or through SMS, Whatsapp messages etc.

The affidavit also said it has already urged Muslims across India to socially boycott men who divorce their wives at one go “so that such incidents are minimised”.

"At the time of performing 'Nikah', the person performing the 'Nikah' will advise the bridegroom/man that in case of differences leading to talaq the bridegroom/man shall not pronounce three divorces in one sitting since it is an undesirable practice in Shariat," read the affidavit filed by AIMPLB secretary Mohammad Fazlurrahim.
"At the time of performing 'Nikah', the person performing the 'Nikah' will advise both the bridegroom/man and the bride/woman to incorporate a condition in the 'Nikahnama' to exclude resorting to pronouncement of three divorces by her husband in one sitting," the affidavit added.

Muslim women and men who have been demanding that triple talaq (along with nikaah halala and polygamy) be banned are skeptical about who will ensure, and how, that only nikahnamas barring triple talaq practice will be used, or how social boycott will be imposed.

The AIMPLB has maintained throughout that triple talaq practice is bad in theology but good in law. The latest affidavit is being seen as an attempt to ensure that the practice is not declared unconstitutional.

It may be recalled that after a week-long hearing of a clutch of petitions on the issue of triple talaq, a constitution bench on May 18 has reserved its judgment.  

The Modi government has told the Supreme Court that it was ready to bring in legislation governing Muslim marriage and divorce if it declares the triple talaq practice as unconstitutional.



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