The All India Muslim Personal Law Board submitted an affidavit in the Supreme Court on Monday (May 22) claiming that it will ask all the members of the Islamic community to socially boycott those who have resorted to Triple Talaq as it may “minimize” such incidents in future.
AIMPLB secretary Mohammed Fazlurrahim has also filed a written promise to the apex court which says that he will ensure that Muslim women get a provision of excluding Triple Talaq in the Nikahnama from their grooms.
“The All India Muslim Personal Law Board will issue an advisory through its Website, Publications and Social Media Platforms and thereby advise the persons who perform ‘Nikah’ (marriage) and request them to do the following: (a) At the time of performing ‘Nikah’ (Marriage), 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; and (b) That 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 said, as reported by Indian Express.
The board has also included its stance on the practice which it has been holding onto since last year when they had decided in a meeting that took place in April 2016. In the ‘resolution regarding divorce’, the board contends, “the stand of Shariat is clear about divorce that the pronouncement of divorce without any reason and that three divorces in one go are not the correct methods of pronouncement of divorce. Such a practice is strongly condemned by the Shariat.”
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It has pledged that it will hold a massive public movement to shun the practitioners of Triple Talaq. It added, “Grand public movement for desisting the people from pronouncing divorce without any reason and that in case of necessity, only one divorce should be resorted to and in any case three divorces in one go should not be resorted to. Every effort should be made to convey this message to all the segments of Muslims, especially to the poor population and the help of Imams and orators of the mosques should be called for.”
They believe that social boycott of people who divorced through Triple Talaq will help curb the practice and reduce cases of divorce among Muslims.
They also issued a set of guidelines for Muslims to follow in case of divorce. They emphasize on mutual decision-making and if that does not result in anything, then family elders may interfere between the couple. And if everything fails, then divorce may happen but the pronouncement of divorce should only be one.
The five-member bench, comprising Justices Kurian Joseph, RF Nariman, UU Lalit and Abdul Nazeer and headed by Chief Justice of India J S Kehar, has since May 11 been hearing pleas of those who are against the fundamental significance of Triple Talaq. After listening to seven petitions, they have been holding hearing for AIMPLB. Congress minister, Kapil Sibal is arguing on behalf of the board.
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