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Will advise Qazis not to entertain triple talaq, Muslim board tells SC

A five-judge Constitution bench headed by Chief Justice JS Khehar has reserved its verdict on a clutch of pleas challenging the constitutional validity of triple talaq among Muslims.

The All India Muslim Personal Law board filed a fresh affidavit on Monday in Supreme Court in connection the ongoing Triple Talaq trail. According to reports, the Muslim board has asked grooms to not give talaq in one sitting.

Triple Talaq: Muslim Personal Law Board files fresh affidavit in SC

In its affidavit, the board said, it would issue an advisory requesting persons who perform 'Nikah' to follow certain steps.

  • Person performing 'Nikah' to advise bridegroom-in case of differences leading to Talaq- bridegroom shall not pronounce divorce thrice in single sitting since it's an undesirable practice in Shariat.
  • Person performing 'Nikah' will advise both bride and bridegroom to incorporate a condition in 'Nikahnama' to exclude resorting to pronouncement of three divorces by her husband in one sitting.

Earlier, the Muslim Board told the Supreme Court that it has decided to issue a circular to all qazis across the country that while finalising 'nikahnama', they must take an undertaking from the husband that he will not give triple talaq to his wife. However, Muslim women organizations and petitioners before the SC called the All India Muslim Personal Law Board's move to issue a circular to qazis countrywide as an "eyewash" and "useless exercise".

The Modi government has submitted an affidavit in the Supreme Court supporting the ban on Triple Talaq. The government took a stance that the practice violates the fundamental rights of Muslim women and leads to their exploitation. Taking cognizance of a number of petitions filed in the apex court, the Supreme Court has said that a five-judge Constitution Bench would look into the legality of triple talaq during the court's summer vacation in May. The bench began the hearing on May 11.

A five-judge Constitution bench headed by Chief Justice of India JS Khehar has reserved its verdict on a clutch of pleas challenging the constitutional validity of triple talaq among Muslims after hearing parties, including the Centre, the All India Muslim Personal Law Board and the All India Muslim Women Personal Law Board.

The Supreme Court has also asked Muslim bodies how a practice like triple talaq could be a matter of "faith" when they have been asserting that it is "patriarchal", "bad in theology" and "sinful".

(With agency inputs)

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