The All India Muslim Personal Law Board on Monday told the Supreme Court that it will ask Qazis under its purview to tell bridegrooms not to use triple talaq to end their marriages, PTI reported. The board said it will issue an advisory on this through its various platforms including its website, publications and social media.
The Qazis, or magistrates of Sharia courts, will be asked to advise bridegrooms at the time of the “nikahnama” (marriage contract) signing. “At the time of performing ‘nikah’ [marriage], the person performing the ‘nikah’ will advise the bridegroom/man that in case of differences leading to talaq the bridegroom/man shall not pronounce three divorces in one sitting since it is an undesirable practice in Shariat,” the affidavit filed by AIMPLB secretary Mohammad Fazlurrahim said.
The advisory said the bride and bridegroom will be advised to incorporate a condition in the marriage contract that excludes the possibility of resorting to the “pronouncement of three divorces by her husband in one sitting.” The board’s affidavit will be examined by a five-judge Constitution bench led by Chief Justice JS Khehar, the news agency reported.
On May 18, the apex court had reserved its verdict on the triple talaq case. It is expected to pass its order on the constitutional validity of the practice soon. The Centre had sought to de-link the social practice from the tenets of Islam by stressing that it was a violation of gender equality. The All India Muslim Personal Law Board had told the Supreme Court that the practice of triple talaq was a matter of faith, and ruled out the question of constitutional morality and equity.
When the court began to hear seven petitions challenging the controversial Islamic practice of oral divorce on May 11, it had clarified that it would not hear pleas challenging polygamy.