NEW DELHI: All India Muslim Personal Law Board (AIMPLB) is "just creating confusion among Muslims at large." This is how a woman who has opposed triple talaq in the Supreme Court reacted today on the Muslim body's latest affidavit.
The AIMPLB's stand that there will be "social boycott" of those resorting to triple talaq drew sharp criticism from the Bharatiya Muslim Mahila Andolan (BMMA) which said such an advise was "not sufficient". "The AIMPLB has no locus to issue any such advisory for the Qazis or advice for grooms. It is a registered NGO which does not govern or employ the Qazis.
It is just creating confusion among the Muslims at large," advocate Farah Faiz, who has opposed triple talaq in the apex court, said. She said the AIMPLB does not have "any legal or religious sanctity" to issue such an advisory as its job is to work for social reform only and not govern the Muslims of the country. Faiz said as per the Shariat law, Qazi's presence is not mandatory for Nikah and any Maulvi or a person can perform the marriage between two consenting adults. She said anybody, who has the authority to issue any such guideline or advisory, is the Parliament which can enact a law to regulate marriages among Muslims.
Her view was shared by senior advocate Anand Grover, who on behalf of the BMMA said "As far as we are concerned, this (practice of triple talaq) has to go. "This (AIMPLB) is a private organisation and its advise to the Qazis does not apply to all. What if a husband does not agree to the advise," he asked. "Somebody may not agree to what a Qazi is saying in the Nikahnama. This is not sufficient at all.
The advise does not apply to everybody," he said. Senior advocate Amit Singh Chadha, who represented one of the first petitioners in the matter, Shyara Bano, refused to comment on the issue, saying "the matter is subjudice" and the Supreme Court will decide on it. The AIMPLB, in its fresh affidavit filed in the apex court, has said that Muslims resorting to triple talaq will face "social boycott" and an advisory will be issued to Qazis to make the grooms aware that they will not resort to such a form of divorce. Dubbing triple talaq as an "undesirable practice in Shariat", the AIMPLB said the dispute between husband and wife should be settled by "mutual interaction" and a code of conduct for them has been released by it keeping in mind the tenets of Shariat.
A five-judge Constitution bench headed by Chief Justice J S Khehar had on May 18 reserved its verdict on a batch of pleas challenging the constitution validity of triple talaq among Muslims.