India Muslim board says woman can opt out of triple talaq, SC reserves order

13:55  19 may  2017
13:55  19 may  2017 Source:   Hindustan Times

Muslim board says woman can opt out of triple talaq, SC reserves order

  Muslim board says woman can opt out of triple talaq, SC reserves order <p>A five-judge constitution bench reserved the order in the triple talaq case.</p>A five-judge constitution bench which is hearing a bunch of petitions demanding an end to the controversial custom reserved the order in the case.

The All India Muslim Personal Law Board to issue an advisory to qazis to give women the option of keeping triple talaq out of marriage contract.

The All India Muslim Personal Law Board (AIMPLB) is ready to grant Muslim women the choice to opt against triple talaq at the time of nikah. The AIMLB made this big climbdown on the day the Supreme Court reserved its verdict on the validity of the contentious triple talaq issue.

India's Supreme Court building in New Delhi © Tsering Topgyal/AP Photo India's Supreme Court building in New Delhi

A powerful Muslim body defending triple talaq told the Supreme Court on Thursday it was willing to ask all qazis in the country to give brides the option of keeping the controversial divorce practice out of their marriage contract.

A five-judge constitution bench which is hearing a bunch of petitions demanding an end to the controversial custom reserved the order in the case.

The All India Muslim Personal Law Board’s (AIMPLB) conciliatory position came in response to a suggestion by the court that the board issue an advisory of binding nature to the qazis solemnising marriages that the husband would not end the marriage by uttering the word triple talaq thrice in one go.

Triple talaq worst, undesirable form of marriage dissolution among Muslims: Supreme Court

  Triple talaq worst, undesirable form of marriage dissolution among Muslims: Supreme Court Triple talaq worst, undesirable form of marriage dissolution among Muslims: Supreme CourtThe Supreme Court observation came on the second day of its historic hearing on a clutch of petitions challenging the constitutional validity of triple talaq and 'nikah halala' among Muslims that began on Thursday with a simple question: is the practice of triple talaq fundamental to Islam?

“The woman can also negotiate in the nikahnama and include provisions therein consistent with Islamic law, the Muslim law board said . She has right to pronounce triple talaq in all forms, and ask for very high ‘mehr’ amount in case of talaq , the Muslim law board added.

AIMPLB equated triple talaq with the Hindu belief that Lord Rama was born at Ayodhya. The Muslim board said source of triple talaq can be found in Hadith. Muslim board to SC : Triple talaq observed for last 1,400 years.

(Video provided by NDTV)

The board said the advisory would be issued within a week. As the board is not a statutory body, its advice is not binding.

On the last day of hearing, the board again questioned the Centre, which has backed the petitioner, saying the government should bring in a law and not take the legal route to scrap the divorce practice.

“The government talks about constitutional morality and is not following the Constitution,” its counsel Kapil Sibal said. The constitution provided for a procedure to bring in a law for a social reform. The court could then “test that law to infer whether it violates the constitution right to profess one’s religion”, he said.

Triple talaq worst, undesirable form of marriage dissolution among Muslims: Supreme Court

  Triple talaq worst, undesirable form of marriage dissolution among Muslims: Supreme Court Triple talaq worst, undesirable form of marriage dissolution among Muslims: Supreme CourtThe Supreme Court observation came on the second day of its historic hearing on a clutch of petitions challenging the constitutional validity of triple talaq and 'nikah halala' among Muslims that began on Thursday with a simple question: is the practice of triple talaq fundamental to Islam?

Muslim board says woman can opt out of triple talaq , SC reserves order . May 18, 2017 16:07 IST. Live streaming| ICJ to deliver verdict in Kulbhushan Jadhav case.

New Delhi, May 18 : The All India Muslim Personal Law Board on Thursday informed the Supreme Court that it has decided 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.

The court, which wrapped up the hearing in record six days, had a query for the Muslim law board. The board had accepted instant triple talaq was sinful then how can it be practised?

“Lots of sinful things are practised by society and they are protected by law,” Sibal said.

The court had on Thursday asked the board if it was possible to give a woman a choice to say no to triple talaq. “Can a woman be given an option to say no to triple talaq at the time of execution of nikahnama?” it had said, referring to the Islamic marriage contract.

A nikhnama is prenuptial agreement that spells out the rights and responsibilities of the groom and the bride.

Triple talaq allows Sunni Muslim men to end a marriage by uttering the word talaq (I divorce you) thrice in quick succession.

The petitioners and the government want the practice scrapped, saying it was unconstitutional, against gender justice and was biased in favour of men.

The Muslim law board defended the practice, saying it was a matter of faith just like Ram Lalla’s birthplace, referring to the long-pending dispute over building a temple to Lord Ram in Ayodhya, which Hindus believe is his birth place.

The government has told the court it would bring a matrimony law for Mulsim if it were to strike down triple talaq.

If the government brings in a new law it could mean the start of a process to overhaul Muslim personal laws in India that are now guided by a 1937 Sharia code. India has separate sets of personal laws for each religion governing marriage, divorce, succession, adoption and maintenance.

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Source: http://uk.pressfrom.com/news/world/india/-159514-muslim-board-says-woman-can-opt-out-of-triple-talaq-sc-reserves-order/

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