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Will incorporate condition in Nikahnama to exclude triple talaq: Muslim panel affidavit in SC

Monday May 22, 2017 6:15 PM, & Agencies

Triple Talaq case

Asserting that instant talaq is "undesirable" in the Islamic Sharia Law, the All India Muslim Personal Law Board Monday filed a fresh affidavit in the Supreme Court saying the panel will incorporate a condition in the "nikah-nama" to exclude the evil practice.

The Muslim panel in its 13-page affidavit also said it will ask Qazis and Clerics who will henceforth solemnize the nikah to the bridegroom that in case of differences leading to talaq (divorce), the bridegroom shall not pronounce divorce thrice in one sitting.

"The Qazi or Cleric solemnizing the nikah will advise both bride and bridegroom to incorporate a condition in their 'nikah-nama' to exclude resorting to the pronouncement of talaq thrice in one sitting by the husband", the Muslim panel said in the affidavit.

The affidavit would be perused by a five-judge Constitution bench headed by Chief Justice JS Khehar which has reserved its verdict on the issue last week.

The Supreme Court, which finished its hearing on a batch of petitions challenging validity of triple talaq, had asked how triple talaq can be a matter of "faith" when the Muslim bodies have been asserting that it is "patriarchal", "bad in theology" and "sinful".

Differences over practice of triple talaq exist among Muslims since the tenure of second Caliph Omar (RA). Muslim scholars and jurists argue that concurrent talaq or triple talaq in one go has never been approved by Prphet Mohammad (peace be upon him), during the tenure of first Caliph Abu Bakr (RA) and the first two years of Caliph Omar's caliphate.

Caliph Omar later approved it as punishment, scholars argue, but later on the practice was annulled by Muslim jurists. It is on this basis, the practice of concurrent talaq has been termed invalid in most of the Muslim countries.

Muslims in India, majority of them followers of Hanafi school of thought, are adamant on the invalid concurrent talaq and are fighting a case with women activists in the Supreme Court.

Interestingly, some renowned Hanafi scholars have also ruled against concurrent, instant or triple talaq. It is also learnt that there is a strong dissent among the members of the All India Muslim Personal Law Board (AIMLB) and especially some women members are upset over board's handling of the situation.

But, according to the sources in the All India Muslim Personal Law Board (AIMPLB), the members fear that agreeing to any change on triple talaq would open floodgate of interference in other Sharia matters.

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