The Hon’ble Supreme Court had taken up the issues relating to marriage/divorce/polygamy/gender Justice etc on suo-moto basis. Later on, private parties also approached the court and joined the proceedings. Thereafter, the issue was confined to the examination of legality of Talaq-e-Biddat (Triple Talaq pronounced in one sitting coming into effect immediately) qua the four schools of Sunni law namely, Hanafi, Maliki, Hambali and Shafai. The discussion in the Court was confined to these four Schools of thought. The Hon’ble Supreme Court took a view with majority of three Hon’ble Judges that Talaq-e-Biddat is set aside. The AIMPLB, as a representative body, respect the Judgment of the Hon’ble Supreme Court delivered on 22.08.2017.
Islamic/Sharia Law (Muslim Personal Law), is based upon Quran, Hadith, Ijma and Qiyas. We reiterate that the sanctity of belief and practices in personal/matrimonial relationship in Islamic Laws cannot be treated differently from the belief and practices in personal/matrimonial relationship by the other citizens of India who follow their own custom and practice and they have this protection.
Four Imams of Sunni School of thought consider that the practice of three pronouncements of Talaq in one sitting corning into effect immediately has basis in religious texts and belief. Board’s position, as per Sharia applicable to these four Sunni School of thought, has been that Talaq.e.Biddat is sinful but valid. For a long time, we have taken steps to discourage this practice through community reform programmes and have issued Model Form of Nikahnama about two decades ago. Prior to this judgment, we had already submitted to the Hon’. Supreme Court that the Board had passed resolution of the Board on 16.04.2017 stating that those who indulge in Talaq-e-Biddat, should be socially boycotted. The Board had also filed affidavit to the effect that the Board shall advise all the Qazis,Imams, Maulvis that they should advice the bridegroom/man that incase of difference leading to Talaq, the bridegroom/Man shall not pronounce three divorces in one sitting.
The Board records its commitment to carry forward our Community reform programmes on larger scale. The Board has also resolved to initiate different programm. at different level to educate Muslim wornen and Muslim men on Shariah and in this process it shall take assistance from different organizations. The Board shall always stand for protection of righ. of Muslim women within Sharia. The Board has also resolved to take appropriate steps to ensure help to divorced ladies. The Board shall also urge upon the government to grant financial assistance to Wakf Boards for this purpose.
The Board has passed resolution to constitute a Committee to advise the rnethod and process for undertaking large scale community reforrn programme within the Islamic Sharia (Islah-e-Mashrah). The Committee shall also examine the Judgement to see the inconsistencies,if any, with Shariat.
The government had laid bare its intention in the forrn of the Attorney General’s submissions in the Hon’ble Supreme Court that all forrns of dissolution of marriage without intervention of the court should be declared as unconstitutional. We record our displeasure and consider it as attack on personal law of Muslims. This stand of the present government is contrary to the protection guaranteed by the Constitution of India. We make categorical statement that the Community cannot and shall not tolerate such attack on personal law of Muslim Community.
For and on behalf of General Secretary (All India Muslim Personal Law Board)