Grooms won't resort to triple talaq, Supreme Court told
New Delhi: The All India Muslim Personal Law Board (AIMPLB) told the Supreme Court on Monday that Muslim bridegrooms will no longer have the right to resort to “triple talaq” to seek divorce, and that those who do this will face social boycott.
The board in its affidavit to the apex court said triple talaq is an undesirable practice and that AIMPLB will issue an advisory — applicable to all Muslims — that at the time of performing nikah (marriage ceremony), kazis will advise bridegrooms that, in case of differences, they shall not pronounce three “talaqs” in one sitting since this practice is condemned in Shariat. The bride and the groom will also be advised to incorporate this undertaking in the nikahnama.
The board’s affidavit placed on record a copy of the resolution passed at its meeting, held in Lucknow on April 15 and 16, in relation to divorce (talaq) in the Muslim community. It was resolved at the meeting to disseminate a code of conduct to be followed in the matter of divorce, particularly emphasising that the pronouncement of three divorces in one sitting be avoided.
Appearing for the board earlier, senior advocate and Congress leader Kapil Sibal had submitted that the issue of triple talaq, a practice that is faith based and 1,400 years old, cannot be decided by the court. He told the court, “Please don’t enter into this area. It would be hazardous to interpret them in six days as it is not the job of this court. If the community feels that the time has come for a change, we will accept it. Belief and faith should not be interpreted by court.”