New Delhi, April 18: The SC had raised contention against the 'triple talaq' law in Islamic Sharia, citing it as unconstitutional. Meanwhile, the All India Muslim Personal Law Board (AIMPLB) had last week decided to oppose any attempts by the Centre to ban the law.
Lawyer Zafaryab Jilani said, "The SC has accepted the board as a party in the case. Now, the board will seek a similar intervention in the Shayara Bano case."
Interestingly, Shaista Ambar, the president of All India Muslim Women Personal Law Board (AIMWPLB) also wanted a nullification of the law. In fact, a majority of women demanded for the same. And this was backed by a high-level committeen set by the Central Government responsible for checking the status of Indian women. The committee recommended a ban on the practice of oral, unilateral and triple talaq (divorce) and polygamy.
The panel also support the demand for the ban, saying that such talaq render wives extremely vulnerable and insecured regarding their "marital status".
The panel recommended amendments to the Dissolution of Muslim Marriages Act 1939, coupled with suggestions for introducing provisions to provide interim maintenance. The recommendations also state that the maintenance of wife and children should also be made mandatory in the event of divorce.
Although the landmark ruling of the Supreme Court in 1985 recognised the Muslim woman's right to maintenance in the Shah Bano case, but it was never codified in the Muslim personal law.
Last month, the SC had admitted the petition of Shayara Bano from Uttarakhand, seeking triple talaq to be declared unconstitutional. The SC had also initiated suo motu proceedings to examine the need for protecting the rights of all Muslim women.