New Delhi: The All India Muslim Personal Law Board has said that social boycott of those who resort to triple talaq form of divorce in one go leading to the creation of problems will be much helpful in decreasing the incidents of divorce.
It said the Muslim community should boycott such persons socially who has pronounced three divorces in one go, and the Board will issue an advisory to all Imams and Qazis in the country.
It said 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 methods of pronouncement of divorce.
Such a practice is strongly condemned by the Shariat. That is why the board will start a grand public movement for desisting the people from pronouncing divorce without any reason and that in case of necessity only one divorce should be resorted to and in any case three divorces in one go should not be resorted to.
The Board’s resolution passed in April said a code of conduct is released for the husband and wife in the matter of divorce keeping in mind the tenets of Shariat, emphasising that the dispute between husband and wife should be settled by mutual interaction. Every effort should be made to convey this message to all the segments of Muslims especially to the poor population and the help of Imams and orators of the mosques should be called for. If the issue is not resolved mutually then the elder members of both families should try to settle the dispute amicably. If the efforts of dispute settlement bring in no good result then the divorce may be resorted to and that even then the pronouncement of divorce should only be one time. But every possible effort should be resorted for the betterment of relations before pronouncement of divorce.
The resolution said the Board unanimously expects from the Indian Muslims to ensure that they will practice the Islamic Shariat for divorce. Separation might be the only way for some marriage, but every possible effort should be resorted for the betterment of relations before pronouncement of divorce.
Muslim Board’s decision draws criticism
All India Muslim Personal Law Board (AIMPLB) is “just creating confusion among Muslims at large.”
This is how a woman who has opposed triple talaq in the Supreme Court reacted on Monday on the Muslim body’s latest affidavit.
The AIMPLB’s stand that there will be “social boycott” of those resorting to triple talaq drew sharp criticism from the Bharatiya Muslim Mahila Andolan (BMMA) which 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.
She said the AIMPLB does not have “any legal or religious sanctity” to issue such an advisory. Faiz said as per the Shariat law, Qazi’s presence is not mandatory for Nikah and any Maulvi or a person can perform the marriage between two consenting adults.
She said anybody, who has the authority to issue any such guideline or advisory, is the Parliament which can enact a law to regulate marriages among Muslims....