Muslim law board refrains from commenting on issue of triple talaq in SC

Lucknow (Uttar Pradesh): With the hearing in the Supreme Court on the controversial practice of triple talaq underway, the All India Personal Law Board (AIMPLB) on Thursday refrained itself from commenting on the issue.

"The arguments are going on in the SC and whatever cases are made by the argument are replied to by the counsel, who is representing the board. I don't think it is proper to give reply," AIMPLB member Zafaryab Jilani said.

"As far as the query to the advisory of Darul Qaza (Sharia courts) is concerned, If there is nothing new, then there is no need of any advisory," he added.

Meanwhile, hearing on the triple talaq matter is underway in the Supreme Court.

The AIMPLB on Wednesday told the apex court that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in the 'nikahnama'.

The board further said that a Muslim woman had every right to pronounce triple talaq in all forms, and also ask for very high 'mehr' amount in case of talaq.

The board's reply came after Chief Justice of India (CJI) Jagdish Singh Khehar asked AIMPLB counsel Kapil Sibal if it was possible to give bride the right to not accept instant triple talaq.

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 apex court also wanted to know from the AIMPLB if it was possible for the board whether their (SC) advisory will be followed by the Qazis at the ground level.

One of the board's lawyers Yousuf Hathim Muchala told the top court that the advisory of the AIMPLB was not mandatory for all Qazis to follow. Muchala, however, made it clear that the board accepts the suggestions in all humility and will look at it.

The bench also questioned the AIMPLB on the position of e-divorce given on WhatsApp in Islam.

The Centre, during the earlier hearing, assured the apex court that it would come out with a law to regulate marriage and divorce among Muslims if triple talaq is upheld as invalid.

Earlier in the hearing, the apex court refused to hear all the three cases of Polygamy, Nikah and Halala at once, saying it will focus on one matter at a time.

The Attorney General and top law officers representing the Central government arguing in front of the five judge Constitution bench said the apex court should hear other cases also, besides triple talaq.

However, the top court said that they have limited time, so all the matters could not be covered at present.

On the second day of the hearing, senior Congress leader Salman Khurshid, who is the amicus curiae in the matter, said before the Supreme Court that the controversial Islamic divorce system cannot be justified whatsoever.

The Centre, earlier on May 11, told the apex court that it opposed the triple talaq practice and wants to fight for women equality and gender justice.