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Muslim board to Supreme Court: Will issue advisory to Qazis against triple talaq

In a u-turn on Monday, the All India Muslim Personal Law Board (AIMPLB) assured the Supreme Court that it would issue an advisory to Qazis to enlighten bridegrooms not to annul their marriages with triple talaq.

The AIMPLB filed an affidavit in the Supreme Court saying pronouncing triple talaq in one sitting is an undesirable practice in Shariat.

“At the time of Nikah, Qazi’s will advise bridegrooms that in case of differences leading to talaq, the bridegroom shall not pronounce talaq in one sitting,” the affidavit said.

The affidavit also speaks of excluding the provision of triple talaq from the nikahnamas (marriage contracts).

“At the time of performing Nikah, the Qazi shall advise bride and bridegroom to incorporate a condition in the nikahnama to exclude resorting to pronouncement of three divorces in one sitting,” it said.

The affidavit is in line with the AIMPLB’s stand last week where it asserted that it would try to advise all Qazis in the country to give brides the option of keeping the controversial divorce practice out of their marriage contracts.

The board had then said an advisory to the effect would be issued within a week. But because the board is not a statutory body, its advice is not binding.

A five-judge constitution bench hearing a bunch of petitions demanding an end to triple talaq reserved its judgment in the case last week.

The court, which wrapped up the hearing in record six days, had asked the AIMPLB on the last day of hearing on May 18 how it could endorse triple talaq after conceding that the practice was sinful.

“Lots of sinful things are practiced by society and they are protected by law,” Kipal Sibal, representing AIMPLB said.

The AIMPLB has taken a stand that the top court should stay away from adjudicating on the issue as it concerned the fundamental religious rights of Muslims under the constitution.