In a big concession, the All India Muslim Personal law Board (AIMPlB) has informed the Supreme Court hearing the validity of triple talaq that even a Muslim woman can have the option of pronouncing talaq on equal terms as man by negotiating for this condition to be inserted in the marriage certificate (nikaah nama) at the time of marriage.
The said concession came in writing from the AIMPB in its written submissions submitted to the Constitution Bench on Tuesday. The submissions, prepared by senior advocate Kapil Sibal on behalf of AIMPlB and filed by advocate Ejaz Maqbool said, “At the time before entering into a marital relationship, Muslim women will have option before them to negotiate in the Nikaah Nama and
include provisions therein consistent with Islamic law to contractually stipulate…right to herself pronounce talaq (in all forms).”
Seen from the pedestal of triple talaq being attacked for its discriminatory and unequal nature, this concession from the AIMPlB has come as an attempt to assuage the hurt feelings among Muslim women by giving them equal opportunity to divorce men by pronouncing talaq in all forms that should include talaq-e-biddat (triple talaq). Till now, Muslim women had to obtain divorce by way of khula by approaching a qazi or the religious court or seek divorce under the 1939 Act titled Dissolution of Muslim Marriages Act.
The AIMPlB further submitted that in the nikaah nama the woman can even negotiate and put other conditions by which husband can be restrained from resorting to triple talaq or ask for higher mehr amount or such other conditions available to her “to protect her dignity”.
Earlier, senior advocate Salman Khurshid, while making submissions on the issue of triple talaq, stated before the apex court that there exists an option for the wife to put conditions in the nikaah nama that will dominate the terms of her divorce.
He said that it was open to wife while contracting
marriage to seek an undertaking from husband not to be divorced by triple talaq. However, the option of triple talaq to be available to wife as well was not known to him.