The AIMLB made this big climbdown on the day the Supreme Court reserved its verdict on the validity of the contentious triple talaq issue. The bench was told that the AIMPLB would file an affidavit before the court stating its decision.
Covered in a hijab, the Muslim woman, creating a scene at Kichha police, said, "What is the use of spending whole life with a man who can at any point of time desert his wife by saying Talaq, Talaq, Talaq?" Has it (triple talaq) going on in consistently for 1,400 years? The High Court described it as the "worst form of marriage dissolution" and wants it barred.
To this, Justice Rohinton Fali Nariman, one of the five judges constituting the bench asked, if they should not hear the matter at all. If she registers her protest, it will be placed as a condition in the nikaah nama that will bind both parties to the marriage, Sibal said. But the All India Muslim Personal Law Board (AIMPLB) warned that quashing the practice would shake the religion's foundation.
To this Sibal replied, "It is sinful".
Sibal further argued that just like the Hindus' faith about Rama's birth at Ayodhya can not be questioned, similarly Triple Talaq which is also a matter of faith for Muslims should not be questioned.
On the question of whether the Centre would bring in legislation or not, Rohatgi said that even when there was no legislation, courts had all the authority to intervene.
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He, however, argued that the court should not examine it.
"We all have debated that this practice is not part of the Quran and even the board has said that this practice is an undesirable practice. Substantiating my view with reasons and examples, I asserted that it can not be justified and can not be given law's validation", Khurshid said during the hearing. Banning Muslim men in India from saying "I divorce you" three times to leave their wives won't protect women from destitution and women need education about economic rights, a leading women's rights lawyer said yesterday as a landmark case ended.
The cornered Muslim Board on Wednesday told the Supreme Court that it has chose to issue a circular to all qazis across the country that while finalising "nikahnama" (marriage contract) they must take an undertaking from the husband that he will not give triple talaq to his wife.
"The Central Government makes rules but in my opinion, the apex court should not interfere with it", Sibal said.
In a last-ditch effort to stave off a drastic overhaul by the courts, the AIMPLB has indicated that it is willing to ask the qazis to provide Muslim women the option of keeping out the much-abused triple talaq practice out of their marriage contracts, and ask for a large amount of alimony.