Bhopal: The All India Muslim Personal Law Board (AIMPLB) on Sunday decided to constitute a committee that will study the Supreme Court verdict on triple talaq in detail and find a solution to the conflict between the judgment and Shariat.
Zafaryab Jilani, a member of AIMPLB and counsel for the board, told News18 that the idea was floated in board's first round of meeting today, and the committee will have lawyers and religious scholars, who will scrutinize the verdict from the legal as well as Islamic perspective. All 45 members attending the meeting agreed to the formation of this panel, he added.
The committee will submit its detailed report to the board in ten days' time based on which the board will take the future course of action, Maulana Wali Rahmani told News18.
Earlier in the day, Syed Qasim Rasool Ilyas, AIMPLB member and member of Jamaat Ulma said, “We are considering filing a review petition against the verdict. We need to check the points the judges have made in our favour and what is held against us and then accordingly approach the apex court with a review petition.”
During a precursory meeting on Saturday, AIMPLB refuted the observation made by the Supreme Court that since triple talaq is sinful, it can’t be lawful. The personal law board further claimed that they will continue to practise Shariat, which provides for instant triple talaq.
Supreme Court judge, Justice Kurian Joseph, while penning down the triple talaq verdict had unequivocally stated that "the practice of instantaneous triple talaq was something which did not have an Islamic sanction and since it was a sinful practice, it could not be valid in the eyes of law."
Just minutes before the meeting began on Sunday, Qazi Azmat Shah Makki, General Secretary, Minority United Organisation, told News18 that an important point for consideration before the board was the six month stay put in place by SC in triple talaq and how the board would find its way around it.
“They have put a stay of 6 months on instant talaq which is of no use. Now if someone gives triple talaq they will have a case against them but in Shariat there is no punishment. We are going to decide what to do in this 6 months' stay and are not concerned with this prohibition on instant talaq. Even the government has ruled out that there will be no new law on this, then what is this six months for?" said Makki.
Drawing a comparison with adultery and robbery, Maulana Wali Rahmani, General Secretary of the AIMPLB, expressed surprise that "how educated people draw such conclusions".
"Nullification of triple talaq is a very small part of the verdict. We follow Shariat and Shariat provides for instant triple talaq. We believe in triple talaq and it must and will go on. The fact remains that whoever still practices triple talaq will still continue to severe ties with his wife and it will not change. How to implement it, is a headache of the court and government," said Rahmani on Saturday.
Jilani had earlier said: “The verdict by the three judges who overruled triple talalq stated that this mode of instant divorce is arbitrary. It did not speak of any constitutional article…. We are now deliberating upon this point of it being arbitrary.”
AIMPLB member Khalid Rashid Firangi Maili told News18.com, “We are now jotting down the various interpretations of the constitutional articles involved in the verdict. We have also decided that the struggle we have been waging since the last several decades to discourage the practice of instant talaq will continue no matter what. The ratio of talaq since 1972 is 0.05% among Muslims and this has been going on since the inception of the board. Three crore women have told us that we do not want any interference in our personal laws. Political parties are trying to cash on this, but we have to protect our religion and this freedom has been guaranteed by our Constitution and it will remain forever.”
Syed Jalaluddin Umri, secretary of the AIMPLB, said: “In a democracy, we cannot oppose the verdict of the court, but we cannot welcome it. We have to safeguard our personal laws. The court thinks by this verdict they will save women. I am yet to understand how it will happen.”
The board also cited crime records on domestic violence and stated that the communities which do not have the quick form of divorce often witness a higher number of suicide and domestic violence cases.
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