The All India Muslim Personal law Board (AIMPlB), one of the parties in the triple talaq case in the Supreme Court, took cover of the minority judgment of the five-judge Bench to oppose the order asking the Government to enact a legislation banning the age-old practice. The AIMPlB has convened a meeting of its executive committee in Bhopal on September 10 to chalk out its future course of action with regard to the verdict.
Muslims organisations, like the AIMPlB and All India Ulama and Mashaikh Board (AIUMB), too cited the minority view of the Constitutional Bench that held personal laws of Muslims to be an integral part of their religion which enjoys protection under the Article 25 of Constitution.
“Muslim law is our own personal law and it has nothing to do with any other community. It should be left to us to decide on it,” said Zafaryab Jilani, a member of the working committee of the AIMPlB. Maulana Mohammed Shafique Qasmi, the Imam of Nakhoda Masjid in Kolkata, said the AIMPlB and experts of Sharia law should be consulted before formulating a new law.
“If the Central Government decides to bring a new legislation for divorce then it would be the violation of the Muslim Personal law and the fundamental rights of the Muslims,” said Jilani. The SC verdict has been referred to the legal committee of the board and this committee after studying the courts verdict will submit its report to the executive committee at Bhopal. “The agenda of the meeting has been issued,” Jilani added.
Jilani said the AIMPlB is already running a campaign against the practice of triple talaq and the campaign will be intensified. “There is a proposal to include in Nikaahnama that the practice of triple talaq is a crime against religion and the Kazi (cleric) should explicitly inform the bride and the groom about this. This proposal will be discussed during the Bhopal meeting,” said Jilani.
He added that besides, triple talaq, other issues will also be taken up in the meeting. This includes the hearing on the Babri mosque case.
Syed Muhammad Asharf Kichhowchhawi of the AIUMB said that though the community respects the judgment, the Government should not try to impose its own laws on them, which is against their personal law. “With all respect in our democracy we cannot accept any illegal interference for something which the Constitution itself has given us the freedom to practice as per religion. It is our Constitutional right and should not to be taken down,” Kichhowchhawi said. He added that the Government should not take any decision or make any law in haste for political benefits.
Interestingly, the Shahi Imam of Delhi’s Jama Masjid, Syed Ahmed Bukhari criticised AIMPlB for its stand saying the issue of triple talaq would not have reached the SC, had the personal law board not failed to address the problems of women “wronged” by the divorce practice.
AIMIM chief Asaduddin Owaisi treaded cautious saying it would be a “Herculean task” to implement the order on ground due to “practical difficulties”.