Triple Talaq: AIMPLB Gave Affidavit in Supreme Court

 22 May 2017 ( News Bureau )
POSTER

In the Triple talaq case today (May 22) the All India Muslim Personal Law Board filed affidavit in the Supreme Court. In this, the board said that they will issue some rules of advisory that those which will have admit to groom. The person making the marriage will advise the groom not to divorced if he gets a divorce even three times.

It was said in the affidavit that triple talaq in Sharia and Nikahnamas (marriage contract) is a wrong practice, such provision should not be allowed.

According to the ANI report, the All India Muslim Personal Law Board also said that it would also call upon the social exclusion of those who gave the triple talaq. In its affidavit, the All India Muslim Personal Law Board said that it would advise the Kaji, groom and the bride to add a rule in the affirmation that they will not resort to triple talaq.

However, this affidavit has not been said to eliminate the centuries-old practice.

On May 18, the Supreme Court reserved its verdict on triple talaq cases. The Supreme Court heard the arguments of both sides in this hearing that lasted for 6 days. On 17th May, the Supreme Court had asked the All India Muslim Personal Law Board (AIMPLB) whether women should be given the option to say 'no' to 'triple talaq' during 'Nikahnama' (marriage contract).

The Constitution Bench of five judges, headed by Chief Justice JS Kehar, had also asked whether all Kajis can be asked to include this condition at the time of the Nikah (marriage contract).

On Tuesday, the former Union Law Minister and Senior Advocate Kapil Sibbal, appearing on behalf of the AIMPLB, had said that triple talaq are such a case as it is believed that Lord Ram was born in Ayodhya. It said that these are matters related to religion and they can not be tested on the basis of constitutional ethics.

Kapil Sibal said, If my faith is in the matter that Lord Rama was born in Ayodhya then it is a matter of faith and there is no question of constitutional ethics and the court of law can not interfere with it.

AIMPLB had also told the Supreme Court that marriages in the Muslim community are on the basis of contract and women can attach special clauses in the affair to protect their interests and dignity.

According to TOI's report, AIMPLB had said that there are 4 choices before the marriage, in which the marriage can be registered under the Special Marriage Act of 1954.

AIMPLB said that women can negotiate for endowment under Islamic law. Not only her husband, the woman has the right to say triple talaq and she can demand a great amount of Mehar in the case of the divorce.

The Centre had told the court on Monday that if the Supreme Court treats triple talaq as illegal and unconstitutional, then the government will bring a bill to regulate marriages and divorce in Muslims.

Earlier, the Supreme Court had made it clear to the Centre that due to lack of time, they will only hear on 'triple talaq'. However, in view of the emphasis of the cetre on court, open issues of 'Nikah Halala' are kept open for future hearing.

Earlier on May 12, the former Union Minister and senior advocate Arif Mohammad Khan had said that giving triple talaq at one time is against Islamic Sharia and that is similar to the burial of Muslim women. On the same day, the Supreme Court had said that this method of eliminating marriage in Muslims is "extremely bad" and "not tolerating".

At the same time, the former Union Minister and Senior Counsel Salman Khurshid had said that triple talaq are not a matter of legal interference. He had said that women got the right to reject it. He had said that women can deny triple talaq by showing Nikhahnama (marriage contract).

 

(Click here for Android APP of IBTN. You can follow us on facebook and Twitter)

Share This News

About sharing

Advertisement

https://www.ibtnkhabar.com/

 

https://www.ibtnkhabar.com/

Al Jazeera English | Live


https://www.ibtnkhabar.com/

https://www.ibtnkhabar.com/

https://www.ibtnkhabar.com/

https://www.ibtnkhabar.com/

https://www.ibtnkhabar.com/

Copyright © 2024 IBTN World All rights reserved. Powered by IBTN Media Network & IBTN Technology. The IBTN is not responsible for the content of external sites. Read about our approach to external linking