AIMPLB all for allowing women to insist against triple talaq      

The All India Muslim Personal Law Board has said in court that it is open to allow women to include the right to insist against the use of triple talaq in the nikahnama.

“We had mentioned this in writing to the Supreme Court that we are open to the idea of both the parties mentioning in the nikahnama (an Islamic pre-nuptial agreement) that they do not want the instant triple talaq,” says Kamal Faruqui, a member of AIMPLB.

“These reforms should fall within the Sharia. Our struggle doesn’t end here. Our purpose is to reduce these instances of divorces, including triple talaq. We had recently published an advisory in Lucknow and that included a model nikanama. In Islam, women are empowered and it isn’t like how it has been reported,” he added.

After six days of hearing, the Supreme Court has decided to reserve its judgement on the triple talaq case. On Wednesday, the Supreme Court had asked All India Muslim Personal Law Board (AIMPLB) if it was possible to give women the right to decline instant triple talaq. The AIMPLB lawyer counsel Kapil Sibal had mentioned that women had the right to insist against the use of triple talaq in the nikahnama.

Instant triple talaq has been in practice since the time of Prophet Muhammed. “It is not just the Quran that we follow; we take instances from the Prophet’s life to follow the religion. Those who follow the instant triple talaq are a minority within the minority. Instant triple talaq is not followed by the Ahlehadith and Salafi sects of Sunnis and the Shias, but is followed by Hanafi, Shafi and Malki Sunni sects,” says Sabiha Jamal Salehati, a member of the women’s Ulema.

“One could write anything in the nikahnama, but it still remains an agreement between two people which, hopefully, they will follow. The courts cannot ban triple talaq because it is an integral part of our faith. It has been mentioned in the Quran and the many instances of it are mentioned in the sayings of the Prophet. What the court could ask faithful Muslims to follow their religion and to say talaq in accordance to the edicts of the religion. The court could say that if they go against it, then a penalty has to be paid,” says Mufti Mukarram Ahmad, imam of Fatepuri mosque.

If the court states this, then the AIMPLB could pass a resolution stating this and inform all the Qazis. “If there’s a fear of the law, then the instances of such instant triple talaq will also reduce. Just as nikah is integral to the faith, so is talaq. Since the 1400s, all Muslim men and women have known that if there’s nikah (marriage), then there’s talaq too. But, those in the country have politicised it,” adds Ahmad.

“When men demand divorce, it is called talaq and when women demand it is termed as khula. If both get the right to say talaq thrice, then the concept of the family as we see it won’t exist. Women can then leave the children. What will happen to the family? If problems occur between the husband and the wife, the woman can return the mehr (the payment made by the groom to the bride) and leave,” says Jalaluddin Umari, amir of Jamaat-e-Islami Hind, whose sect doesn’t follow the practice of instant triple talaq.

“Once a man pronounces talaq, he is required to stay with his wife for three months in the hope of a reconciliation and in case that happens, then they continue living as husband and wife; but in case that doesn’t happen, they are considered to be divorced. If, once they go back to living together and again in sometime, if the man pronounces talaq, the couple go through same living arrangement. In case reconciliation happens, then they can go back being husband and wife. In case the same situation arises the third time, then they are considered divorced. Then they cannot remain as husband and wife. This is what is followed in most sects,” says Sabiha.

“There are times when women don’t want to live with their husbands, but he doesn’t want to divorce her, then they can go to court for relief. Sometimes, due to the prevalence of khula, the women don’t have to go to court either. There are times when men don’t agree for divorce because they have the money for mehr and the iddat (the maintenance amount to be paid by the husband for more than three months once he pronounces talaq),” adds Ahmad.

“Talaq is an extremely progressive system where marriage has always been a contract. Most people don’t understand the religion and hence they believe that Islam is a regressive religion. What is shown in movies and serials is not the true depiction of the religion,” says Sabiha.