The All India Muslim Personal Law Board filed a fresh affidavit in the Supreme Court on Monday, over the case of Triple Talaq.
In its affidavit, the AIMPLB said that it will issue an advisory for Qazis who perform Nikah to advice both the bride and the bridegroom, to incorporate a condition in the Nikahnama to not resort to the pronouncement of the triple divorce in one sitting.
The All India Muslim Personal Law Board (AIMPLB) had earlier told the Supreme Court that triple talaq was a "sin and undesirable" act, but still permissible, and efforts are on to educate the community against its misuse.
It told the apex court, which had heard the pleas challenging the practice of triple talaq at length for six days, that it has already passed a resolution in its working committee meeting on 15-16 April against the practice of triple talaq.
“The stand of Shariat is clear about divorce that the pronouncement of divorce without any reason, and that three divorces in one go are not the correct method of pronouncement of divorce. Such a practice is strongly condemned by the Shariat,” it said.
Giving details of the guidelines framed by it, the AIMPLB told the apex court that if there are differences between a husband and his wife, they should first try to mutually resolve the issues by keeping in mind the provisions of the Shariat (Islamic law) and try to overlook the mistakes of others.
It said in the second step, if the dispute is not resolved mutually and no desired results are achieved, then there may be a "temporary withdrawal".
"In case of failure of the first two steps, then senior members of both families should try to reconcile or one arbitrator may be appointed from each side for resolution of the differences," the fresh AIMPLB guidelines said.
Kapil Sibal, who had represented the AIMPLB, had referred to the Hindu Code in a hearing, where exceptions were carved out for protection of customs and practices, and argued:
You can’t say that all personal laws are protected but Muslim personal law was subject to fundamental rights.
Similarly, he referred to Dowry Prohibition Act, which while abolishing dowry, permitted gifts. He had also argued that faith cannot be interpreted in the court of law. On 18 May, the Supreme Court had reserved its order in the triple talaq case.
A five-judge special bench headed by the Chief Justice of India JS Khehar had been constituted to hear the matter, which was done over the past week.
The bench had also said that it would not be ruling on polygamy and nikkah halala, as they don’t directly deal with triple talaq. The bench had also specified that if triple talaq is struck down, a new law will be formulated.
Advisory Not Sufficient
The Bharatiya Muslim Mahila Andolan (BMMA) said such an advise was "not sufficient".
“The AIMPLB has no locus to issue any such advisory for the Qazis or advice for grooms. It is a registered NGO which does not govern or employ the Qazis. It is just creating confusion among the Muslims at large,” advocate Farah Faiz, who has opposed triple talaq in the apex court, said.
Her view was shared by senior advocate Anand Grover, who, on behalf of the BMMA, said "As far as we are concerned, this (practice of triple talaq) has to go.
"This (AIMPLB) is a private organisation and its advise to the Qazis does not apply to all. What if a husband does not agree to the advise," he asked.
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