October 2, 2022

What AIMPLB proposed to do in Triple Talaq Case

AIMPLB (All India Muslim Personal Law Board) was the major party in Triple Talaq case[1], it opposed the abrogation of Triple Talaq as it was the essential of Islam and people were following it since time immemorial. However, AIMPLB also accepted that Triple Talaq (Talaq-e-biddat) is a most hatred form of talaq in Islam.

The board wanted the abrogation of this talaq form through the practice of Muslim itself. To control the whimsical use of this talaq form, the board proposed following proposition before the court by filing an affidavit-

1. I am the Secretary of All India Muslim Personal Board will issue an advisory through its Website, Publications and Social Media Platforms and thereby advise the persons who perform Nikah (marriage) and request them to do the following: –

(a) 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;

(b) That at the time of performing Nikah (Marriage), the person performing the Nikah will advise both the Bridegroom/Man and the Bride/Woman to incorporate a condition in the Nikahnama to exclude resorting to pronouncement of three divorces by her husband in one sitting.

3. I say and submit that, in addition, the Board is placing on record, that the Working Committee of the Board had earlier already passed certain resolutions in the meeting held on 15th & 16th April, 2017 in relation to Divorce (Talaq) in the Muslim community.

Thereby it was resolved to convey a code of conduct/guidelines to be followed in the matters of divorce particularly emphasizing to avoid pronouncement of three divorces in one sitting.

A perusal of the above affidavit reveals, that the AIMPLB has undertaken to issue an advisory through its website, to advise those who enter into a matrimonial alliance, to agree in the Nikahnama, that their marriage would not be dissolvable by talaq-e-biddat.

The AIMPLB has sworn an affidavit to prescribe guidelines, to be followed in matters of divorce, emphasizing that talaq-e-biddat be avoided. It would not be incorrect to assume, that even the AIMPLB was on board, to assuage the petitioners cause.

Reference

Shayra Bano v. Union of India, (2017)


[1] Shayra Bano v. Union of India, (2017)