Culture

'Muslim woman has right to pronounce triple talaq'

May 17, 2017 09:14 AM

NEW DELHI: Marriage in the Muslim community is a contract and it is open for women to insist on specific clauses in the nikahnama to protect their interests and dignity, the All-India Muslim Personal Law Board (AIMPLB) informed the Supreme Court on Tuesday.

Arguing through Ejaz Maqbool, the board submitted before a five-judge Constitution bench headed by Chief Justice of India J S Khehar that a woman had four options before entering into a marital relationship, including insisting on registering the marriage under the special marriage Act, 1954.

"The woman can also negotiate in the nikahnama and include provisions therein consistent with Islamic law to contractually stipulate that her husband does not resort to triple talaq, she has right to pronounce triple talaq in all forms, and ask for very high 'mehr' amount in case of talaq and impose such other conditions as are available to her in order to protect her dignity," the Muslim law board said.

Interestingly, last September, AIMPLB had filed an affidavit in SC in response to petitions by Shayara Bano and others challenging triple talaq and said, "Sharia grants right to divorce to husbands because men have greater power of decision-making.

"A Muslim man can delegate his power of pronouncing talaq to his wife or to any other person. However, such delegation does not deprive the husband of his own right to pronounce talaq." Arguing against the court putting triple talaq to a constitutional test+ , advocate Kapil Sibal cited Article 371A to argue that even the Constitution intended to protect matters of practice and customs of communities.

On polygamy, the board had said in September last year, "Quran, Hadith and the consensus view allow Muslim men to have up to four wives. 

It had said Islam permitted polygamy but did not encourage it. "However, polygamy meets social and moral needs and the provision for it stems from concern and sympathy for women," it had said.

"Since polygamy is endorsed by primary Islamic sources, it cannot be dubbed as something prohibited," it said. "...polygamy is not for gratifying men's lust, it is a social need.

 

VARANASI; jamiat Ulema-e-Hind  president Maulana Satyyed  Arshad Madani said on Monday that the Supreme Court, Muslim Personal Law Board and clerics should be given sufficient time to arrive at a consensus on the issue of triple talaq.
Speaking to the press at Nadesar, Madani also condemned a section of media for giving hype to the issue and also "the people debating the issue on TV channels by posing as Muslim scholars".

 

He said Islam does not sanction triple talaq in one sitting. By meeting Muslim families, one can find that triple talaq is not such a big issue as it is being projected, especially on some news channels. More shocking is to see that anyone sporting a long beard and a skull cap is being presented on TV channels as a Muslim scholar. In reality, they do not have sufficient knowledge of Islam. This section of media paints a picture that all women are suffering due to triple talaq. 

Instead, he said, people should be patient and allow the SC, Muslim Personal Law Board and clerics to find out an amicable solution. Madani termed the action of chief minister Aditya Nath Yogi and his government on illegally operating slaughterhouses as correct. Shariat also not allow illegal practices, he said. "If your work hurts anyone or any section of society it should be stopped," said the cleric adding, "people associated with this work should opt for some other work to earn livelihood if they are in crisis." He said that the Yogi government should be given four-five months more before assessing its performance. He said the government's slogan of 'Sabka Saath, Sabka Vikas' would prove correct only when the motive of communal elements to spread disharmony failed.

VARANASI; jamiat Ulema-e-Hind  president Maulana Satyyed  Arshad Madani said on Monday that the Supreme Court, Muslim Personal Law Board and clerics should be given sufficient time to arrive at a consensus on the issue of triple talaq.
Speaking to the press at Nadesar, Madani also condemned a section of media for giving hype to the issue and also "the people debating the issue on TV channels by posing as Muslim scholars".

He said Islam does not sanction triple talaq in one sitting. By meeting Muslim families, one can find that triple talaq is not such a big issue as it is being projected, especially on some news channels. More shocking is to see that anyone sporting a long beard and a skull cap is being presented on TV channels as a Muslim scholar. In reality, they do not have sufficient knowledge of Islam. This section of media paints a picture that all women are suffering due to triple talaq. 

Instead, he said, people should be patient and allow the SC, Muslim Personal Law Board and clerics to find out an amicable solution. Madani termed the action of chief minister Aditya Nath Yogi and his government on illegally operating slaughterhouses as correct. Shariat also not allow illegal practices, he said. "If your work hurts anyone or any section of society it should be stopped," said the cleric adding, "people associated with this work should opt for some other work to earn livelihood if they are in crisis." He said that the Yogi government should be given four-five months more before assessing its performance. He said the government's slogan of 'Sabka Saath, Sabka Vikas' would prove correct only when the motive of communal elements to spread disharmony failed.


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