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Scrapping of Triple Talaq : AIMPLB to study the order

Scrapping of Triple Talaq : AIMPLB to study the order

| | 22 Aug 2017, 12:10 pm
New Delhi, Aug 22 (IBNS) : After the Supreme Court nullified the age-old Islamic practice of triple talaq, the All India Muslim Personal Law Board on Tuesday said its legal committee will study and advice the executive of the board.

"We have convened a meeting of the executive on 10 September at Bhopal to decide the future course of action," media report quoted the board as saying.

In what is seen as a landmark victory for the Muslim women fighting to scrap the practice of triple talaq, the Supreme Court on Tuesday said the practice is unconstitutional and asked the Government to legislate a law in Parliament.

In a 3:2 verdict of the five bench judges' panel, the apex court said Triple Talaq is unconstitutional and illegal which  means it has been struck down.

The Supreme Court also put the ball in the court of the government to frame a law to ban it.

It said if  law doesn't come in 6 months, the apex court injunction will continue.

Triple talaq, widely practised in India, is a form of unilateral oral divorce to Muslim women by their husbands by uttering the word "talaq" thrice.

The five- member bench led by Chief Justice of India, Justice JS Khehar heard the case.

The panel of five judges have representation different different  faiths - Hinduism, Christianity, Islam, Sikhism and Zoroastrianism.

The  bench comprises of Chief Justice Jagdish Singh Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.

Ahead of the pronouncement of the historic judgement, AIMPLB had said that  the Constitution of India has given a right to everyone to follow their religion, and that triple talaq is part of the Shariat.

It hoped that  the apex court would not interfere with the Muslim Personal law.

On May 17, 2017, the Supreme Court had asked the AIMPLB  whether a woman can be given an option of saying 'no' to triple talaq at the time of execution of nikahnama (Islamic marriage contract).

The five-judge  Constitution bench had  also said if all Qazis can be asked to include this condition at the time of marriage.

The court's query came a day after the AIMPLB said that triple talaq is a 1,400-year-old practice, and constitutional morality and equity cannot arise when a matter of faith is concerned.

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