Have asked Qazis to include no-triple talaq clause in marriages: AIMPLB to Supreme Court

BY 

SAMANWAYA RAUTRAY

, ET BUREAU | UPDATED: MAY 23, 2017, 10.33 AM IST

NEW DELHI: The All India Muslim Personal Law Board (AIMPLB) told the Supreme Court on Monday that it has asked those who conduct nikaahs to advise those entering into wedlock to include a no-triple talaq clause in the nikaahnama, or marriage contract, and socially boycott those who practice it. 

Though a no-triple talaq clause would not be binding and can be ignored by the man at a later date, the woman will have the option of walking out at the time of the wedding if he refuses to accept the clause. Justice RF Nariman had said while hearing of a batch of petitions on the issue of legality of instant talaq that the consent of the woman would have to be freely sought and given. 

The woman could also produce the no-triple talaq clause by way of evidence in court. Men would be specifically advised to desist from pronouncing instant talaq as it was an undesirable practice in the Shariat. 

“At the time of performing nikah (marriage), the person performing the ‘nikah’ will advise the bridegroom/man that in case of differences leading to talaq, the bridegroom/man shall not pronounce three divorces in one sitting since it is an undesirable practice under the Shariat,” the affidavit filed by the AIMPLB, through its lawyer Ejaz Maqbool, stated. 

A five-judge bench of the top court, led by CJI JS Khehar had, on the concluding day, asked the board to file such an affidavit after the board said it was working on “educating” people against what it called a “dying practice”. 

The board said it had issued advisories that a no-triple talaq clause be inserted into the nikaahnama to end the pernicious practice. 

CJI Khehar initially wondered if the board could issue a fatwa making it mandatory to introduce a no-triple talaq clause in the nikaahnama, but was told that the board doesn’t issue fatwas. A fatwa would be binding. But an advisory is non-binding. 

He then directed the board to file an affidavit to this effect in a week. In addition, the board said the working committee had passed two resolutions on April 15, 16, 2017, which would regulate talaq in the Muslim community. 

The board reproduced the resolutions which said that the Shariat was clear that pronouncement of divorce without any reason and that instant triple talaq was not the correct methods of pronouncement of divorce.