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Old May 16th, 2017, 07:03 PM
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Post Women can say triple talaq, Muslim law board tells Supreme Court

Women can say triple talaq, Muslim law board tells Supreme Court



Quote:
TNN | May 17, 2017, 01.52 AM IST

NEW DELHI: Marriage in the Muslim community is a contract and it is
open for women to insist on specific clauses in the nikahnama to protect
their interests and dignity, the All-India Muslim Personal Law Board
(AIMPLB) informed the Supreme Court on Tuesday.
Arguing through Ejaz Maqbool, the board submitted before a five-judge
Constitution bench headed by Chief Justice of India J S Khehar that a
woman had four options before entering into a marital relationship,
including insisting on registering the marriage under the Special Marriage
Act, 1954.

"The woman can also negotiate in the nikahnama and include provisions
therein consistent with Islamic law to contractually stipulate that her husband does not resort to triple talaq, she has right to
pronounce triple talaq in all forms, and ask for very high 'mehr' amount in case of talaq and impose such other conditions as
are available to her in order to protect her dignity," the Muslim law board said.

Interestingly, last September, AIMPLB had filed an affidavit in SC in response to petitions by Shayara Bano and others
challenging triple talaq and said, "Sharia grants right to divorce to husbands because men have greater power of decisionmaking."

"A Muslim man can delegate his power of pronouncing talaq to his wife or to any other person. However, such delegation does
not deprive the husband of his own right to pronounce talaq." Arguing against the court putting triple talaq to a constitutional
test, advocate Kapil Sibal cited Article 371A to argue that even the Constitution intended to protect matters of practice and
customs of communities.

On polygamy, the board had said in September last year, "Quran, Hadith and the consensus view allow Muslim men to have up
to four wives."

It had said Islam permitted polygamy but did not encourage it. "However, polygamy meets social and moral needs and the
provision for it stems from concern and sympathy for women," it had said.

"Since polygamy is endorsed by primary Islamic sources, it cannot be dubbed as something prohibited," it said. "...polygamy is
not for gratifying men's lust, it is a social need.

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