Muslim board against triple talaq

How can 'sinful' triple talaq be a matter of faith, asks SC

Two days before, the SC declared: "There are school of thoughts (which) say that triple talaq is legal, but it is the worst and not desirable form for dissolution of marriages among Muslims".

Under fire from the Supreme Court on the issue of triple talaq, the All India Muslim Personal Board (AIMPB) is up to some damage control. Faced with near-certain defeat in the Supreme Court, the AIMPLB has fallen back on the lamest of excuses, claiming that doing away with triple talaq will be viewed as an attempt to infringe on its personal law and could prompt a backlash within the Muslim community. Is it because of his awareness of the origin, practice and prevalence of triple talaq among Muslims in India and overseas or, were there other reasons behind his silence?

"Getting married under the Special Marriage Act, 1954, is not the solution".

"It is a problem if there is a law that protects women from being rendered homeless overnight", she said, citing a case of a woman whose husband said he divorced her when she was asleep.

The Constitution Bench hearing the case had asked the Board on Wednesday whether it was prepared to give women the right to say no to triple talaq at the time of marriage. "Parliament can interfere, it can make a law", replied Sibal.




No hearing in any court in India on any Muslim custom, practice or personal law can be complete without referring to Sir Dinshah Fardunji Mulla's monumental work on interpretation of Mohamedan law. The women petitioners created a commotion as they strongly protested against Sibal's comment on Muslim women too supporting triple talaq. It continues to be stuck in the past and has so far steadfastly refused to reform its definitions of what comprises the welfare of the community, and consequently is now faced with the possibility of becoming irrelevant both within the community and in the court of law.

Women can opt out of triple talaq: AIMPL The All India Muslim Personal Law Board on Thursday told the SC that it has made a decision to issue an advisory to Qazis to give an option to Muslim women to opt out of instant triple talaq before giving consent for nikaah.

But he said this practice whether sinful or not has existed as a practice for last 1,400 years and both men and women follow and accept it. "The only remedy is to come before this constitutional court", he told the bench that also included Justices R.F. Nariman, U.U. Lalit and Abdul Nazeer.

"There was a discussion that whether triple talaq is valid constitutionally".

Counsel Kapil Sibal's argument of "majority can not make laws for the minority", on Wednesday said that triple talaq was an "intra-minority issue where the men formed the class of "haves" and women were the "have-nots" and stated that courts were not the place to discuss religious texts.

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