Muslim board against triple talaq

Kathleen Mckinney
May 20, 2017

The Attorney General questioned Sibal's line of argument that the practice of Triple Talaq should not be abolished just because it's "1400 years old".

When Mulla was referred to by senior advocate Salman Khurshid on Thursday, Justice Nariman said, "Mulla was not only a great scholar on Muslim law but also a qualified priest like me in the Parsi community".

The court was told that the AIMPLB would file an affidavit stating its decision and include a copy of the model Nikaah Nama.

That the bride has opted out of triple talaq would be recorded in the Nikaah Nama, the court was told.

The board also showed the court a resolution passed on April 14, 2017, which stated triple talaq as a sin and that the community should boycott the person doing such an act.

The Constitution Bench hearing the case had asked the Board on Wednesday whether it was prepared to give women the right to say no to triple talaq at the time of marriage. If she registers her protest, it will be placed as a condition in the nikaah nama that will bind both parties to the marriage, Sibal said.


No hearing in any court in India on any Muslim custom, practice or personal law can be complete without referring to Sir Dinshah Fardunji Mulla's monumental work on interpretation of Mohamedan law. It is salutary that detailed discussions are taking place on social issues and personal laws.

The All India Muslim Personal Law Board (AIMPLB) appears to be tripping all over itself in responding to the growing momentum in favour of outlawing triple talaq. Rohatgi replied that the hallmark of a secular court was to reform without waiting for a legislation, when such matters come to it. The members of the bench are from different religious communities including Sikh, Christian, Parsi, Hindu and Muslim. The contradiction wasn't lost to the SC which asked how God can ordain a "sinful practice".

Counsel Kapil Sibal's argument of "majority can not make laws for the minority", on Wednesday said that triple talaq was an "intra-minority issue where the men formed the class of "haves" and women were the "have-nots" and stated that courts were not the place to discuss religious texts.

However, the Central government has termed triple talaq and all its forms as unconstitutional and has demanded that it must be struck down.

THE Supreme Court on Thursday asked Muslim bodies how can a practice like triple talaq be a matter of "faith" when they have been asserting that it is "patriarchal", "bad in theology" and "sinful". Banning Muslim men in India from saying "I divorce you" three times to leave their wives won't protect women from destitution and women need education about economic rights, a leading women's rights lawyer said yesterday as a landmark case ended.

Other reports by TheDigitalNewspaper

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