The All India Muslim Personal Law Board (AIMPLB) in an affidavit submitted to the Supreme Court states that it will issue an advisory (through its website, publications and social media platforms) to clerics (qazis) performing marriages to follow certain guidelines. The guidelines would require the cleric performing the marriage ceremony to advise the groom to not say talaq three times in one sitting. The clerics would also tell the groom not to resort to triple talaq to dissolve the marriage, according to an Indian Express report.
“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,” PTI quoted the affidavit filed by AIMPLB secretary Mohammad Fazlurrahim as having said.
The affidavit submitted by the law board says that clerics will ask both the bride and the groom to have provisions for divorce in the Nikah Nama. The Indian Express reports that AIMPLB has not said anything about abolishing the practice. However, the Muslim law board also said that it will call for a social boycott of those found indulging in the practice. The affidavit says that the practice is undesirable under the Shariat.
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According to the Indian Express, the apex court asked the law board, ”If triple talaq is bad in theology then, how can something bad to God be personal law” To this Senior counsel Salman Khurshid responded that the practice is not mentioned in the Quran, but it was added later”.
The affidavit would be perused by a five-judge Constitution bench headed by Chief Justice of India, Justice JS Khehar. The constitution bench of the Supreme Court had reserved its verdict on the issue of triple talaq last week. The apex court, on May 18, reserved its verdict on a few pleas challenging the constitutional validity of triple talaq among Muslims, according to a PTI report.