Lucknow/New Delhi: New Delhi: The All India Muslim Personal Law Board has asked the government to not table a bill in parliament criminalising instant triple talaq.
The board at an emergency meeting held in Lucknow on Sunday decided it would urge the government and Prime Minister Narendra Modi to withhold and withdraw the Muslim Women (Protection of Marriage) Bill, 2017, as it is not only “against Shariah but also goes against the verdict of the Supreme Court”.
The organisation claimed that the triple talaq bill will ruin Muslim families and that it is against women welfare. The opposition to the bill stems from the fact that while making and drafting this bill, no Muslim organisation or scholar was consulted, AIMPLB said.
“This law will destroy families if implemented and the government should not table this bill in the government. If the government is really serious about the rights of Muslim women then the government should consult Muslim organisations. The board will hand over a memorandum to the President of India to stop this bill as it is very dangerous. The motive of this bill seems to interfere with the Sharia.” said Sajjad Nomani, spokesperson of the AIMPLB.
“The board is also against instant triple talaq and agrees there should be a strong law against it and it should be made in consultation with senior clerics,” he added.
The government had proposed the bill after a verdict by the Supreme Court nullified the practice of instant talaq. It had informed the Lok Sabha that almost 66 cases of instant talaq had happened post the verdict.
The bill proposes to make the make the practice of instantaneous triple talaq a non-bailable criminal offence with three years jail term and fine. The bill which will be taken up the coming week in Lok Sabha also ensures that the women is given maintenance after instant talaq and that custody of minor children also remain with the mothers automatically.
The board called the bill “unwarranted” due to the presence of existing laws and that it is “against the constitution”. “Laws relating to guardianship, domestic violence and civil procedure code are already in place. The bill is against the guarantees set out in the Constitution of India for the religious denominations. It is against the judgment rendered by the Supreme Court on August 22, 2017," stated the board.
The government had recently informed the Parliament that it had not consulted any Muslim organisation for drafting this bill and this point was taken up by AIMPLB. "While drafting the law, parliamentary procedure has not been followed and none of the affected parties or stakeholders or women organization have been consulted to enable them in placing actual position on the ground, correct position of law and adverse consequences of the proposed law," stated the board.
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