May,22,2017:
A Five Judge Constitution bench headed by Chief Justice JS Khehar, has already reserved its verdict.
On Monday, All India Muslim Personal Law Board (AIMPLB) told the Apex Court that it would issue an advisory to the ‘Qazis’ to tell the bridegrooms to not resort to triple talaq to annul their marriage.
In an affidavit, AIMPLB said that it has decided to issue an advisory through its website & social media platforms asking Qazis to tell bridegroom at the time of execution of ‘Nikahnama’ (their marriage contract) that they wouldn’t resort to “3 divorces in 1 sitting” in case of differences as it’s an “undesirable practice in Shariat”.
It said that “At the time of performing Nikah, the person performing the ‘Nikah’ will advise both the bridegroom/man & the bride/woman to incorporate a condition in ‘Nikahnama’ to exclude resorting to pronouncement of 3 divorces by her husband in 1 sitting,”.
This affidavit will be scrutinized by the 5-judge Constitution bench headed by CJI J S Khehar, that reserved its verdict on triple talaq last week.
The Apex Court had on 18th May reserved its verdict on this issue on a no. of pleas challenging the constitutional validity of triple talaq among Muslims after hearing the Centre, the AIMPLB & the All India Muslim Women Personal Law Board over 6 days.
The Supreme Court had asked Muslim bodies how such a practice could be a matter of “faith” when they’ve themselves been saying that it’s “sinful”, “patriarchal” & “bad in theology.”
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