Triple talaq verdict: AIMPLB expresses displeasure

Source: The Hitavada      Date: 11 Sep 2017 11:01:07


 

Staff Reporter,

Board’s member Kamal Faruqui said stand of present Government is contrary to the protection guaranteed by the Constitution of India

Community cannot and shall not tolerate such attack on personal law of Muslim community

All India Muslim Personal Law Board (AIMPLB) has once again expressed its view in the wake of Supreme Court decision on instant triple talaq by saying that Government had laid bare its intention in the form of Attorney General’s submissions in Supreme Court that all forms of dissolution of marriage without intervention of court should be declared as unconstitutional, but Board registers displeasure and considers it as an attack on personal law of Muslims.


Briefing mediapersons after the day-long hectic meeting of AIMPLB in Bhopal over triple talaq issue in the light of Supreme Court order and Babri Masjid case, Board’s member Kamal Faruqui said stand of present Government is contrary to the protection guaranteed by the Constitution of India. Community cannot and shall not tolerate such attack on personal law of Muslim community. He stated that Supreme Court had taken up the issues relating to marriage, divorce, polygamy, gender justice, etc. on suo moto basis.


Later, the apex court took a view with majority of three judges that Talaq-e-Biddat is set aside. The AIMPLB respects the judgment of the Supreme Court. However, he added that Islamic and Sharia law (Muslim Personal Law) is based upon Quran, Hadith, Ijma and Qiyas. Board reiterates that sanctity of belief and practices in personal and matrimonial relationship in Islamic laws cannot be treated differently from the belief and practices in personal and matrimonial relationship by the other citizens of India, who follow their own custom and practice and they have this protection.

Four imams of Sunni school of thought consider that practice of three pronouncements of Talaq in one sitting coming into effect immediately has basis in religious texts and beliefs. Board’s position as per Sharia applicable to these four Sunni school of thought has been that Talaq-e-Biddat is sinful, but valid.


For a long time, Board had taken steps to discourage this practice through community reform programmes and had issued model form of Nikahnama about two decades ago. Prior to judgment, it had already been submitted to Supreme Court that Board had passed resolution, stating that those who indulge in Talaq-e-Biddat should be socially boycotted. Board had also filed affidavit to the effect that Board shall advise all Qazis, Imams, Maulvis that they should advise the bridegroom and man that in case of difference leading to Talaq, the bridegroom and man shall not pronounce three divorces in one sitting. Board records its commitment to carry forward community reform in larger scale and board shall always stand for protection of rights of Muslim women within Sharia.

A resolution has been passed to constitute a committee to advise method and process for undertaking large scale community reform programme within the Islamic Sharia (Isiah-e-Mashrah). The committee shall also examine the judgement to see the inconsistencies, if any, with Sharia. Board has also expressed displeasure over the haste in Babri Masjid case.


The meeting of AIMPLB was attended by Board’s President Maulana Rabey Hasani Nadvi, General Secretary Maulana Mohammad Wali Rahmani, MP Asaduddin Owaisi and others.