Bhopal: The All India Muslim Personal Law Board has said it considers triple talaq to be absolutely valid despite the Supreme Court verdict, adding it “cannot and shall not tolerate such attacks on personal law of Muslim community.”
The board held its executive meet on Sunday that was attended by 50 of its members. It passed a resolution to form a committee that will advise on the method and process for undertaking a large-scale community reform within the boundaries of Islamic Sharia.
The committee will also examine the SC verdict and see if there are “any inconsistencies with the Shariat.” It will comprise legal experts and religious scholars and is expected to submit its report within 10 days.
AIMPLB also declared that all four Sunni schools believe that triple talaq pronounced in one sitting has its basis in the religious texts, and therefore, “Talaq-e-Biddat is sinful but valid.”
Kamaal Farooqui, a former Samajwadi Party leader and member of AIMPLB, said the board respects the apex court verdict, but “the sanctity of belief and practices in personal or matrimonial relationship in Islamic law cannot be treated differently from the belief and practices in personal or matrimonial relationship by other citizens of India who follow their own custom and practice and have this protection.”
According to executive board members, the discussion in the SC was confined to only Talaq-e-Biddat or instant talaq and the court considered only four schools of Sunni Islam - Hanafi, Maliki, Hambali and Shafai.
The board, however, completely sidelined the Shia school of Muslims. Their observation also goes against the concerns voiced by former Chief Justice of India, JS Khehar, who had questioned the counsels regarding the meaning of triple talaq for the Shias.
The majority verdict by the SC had primarily ruled instant talaq to be unconstitutional because it had no religious sanction in the Quran and found its mention only in hadiths, which were dated after Caliph Umar. The court gave weightage to the holy book over other religious scriptures.
However, the board strongly protested such a view and stated that "Islam or Shariat is based on Quran, Hadith, Ijma and Qiyas.” Maulana Syed Arshad Madani, president of Jamiat Ulema I Hind, told News18, “Hadith is as valid as Quran and is its soul.”
“The poor uneducated people often do not know that Hadith is as important as Quran and cannot be ignored. Hadith is Quran's interpretation and if you don't study Hadith, then one’s knowledge of the holy book will be zero. We are asked to offer namaz in Quran but the procedure has been elaborated in Hadith,” he said.
“Can you ever ignore it? Hence, I do not think this verdict will be able to stop talaqs at all,” said the senior Madani, an expert in Islamic law.
The board has also decided to conduct programmes and events to spread awareness on the correct procedure of talaq.
Talking about the role of the expert committee, advocate Yusuf Hatim Muchhala told News18 that its prime duty will also be to implement social reform through the principles of Islam. “Its duty will be to draft a plan to implement the real Shariat by the people,” he said.
The board also voiced its displeasure on the NDA government’s stand that all forms of triple talaq should be abolished. In May this year, then attorney general Mukul Rohatgi had said the Centre was planning a legislation to see triple talaq is banned.
"We record our displeasure with regard to this and consider it as an attack on Muslim Personal Law. The stand of the present government regarding this is contrary to the protection guaranteed by the Constitution of India,” said Kamal Farooqui, while stating the stand of the board. Assaduddin Owaisi, President of All India Majlis-e-Ittehadul Muslimeen and Zafaryab Jilani, AIMPLB Counsel, were by his side.
The executive board meeting also had Dr Asma Zehra, one of the few woman members present their view. Speaking to News18, she said the expert committee was needed as the “verdict had two parts and was conflicting.”
“In one part the court accords protection to Muslim personal law and in another part it invalidates triple talaq. Hence the expert committee will iron this conflict. But I don't understand why the government is after us? They want to abolish all kinds of talaq. We will not let this happen,” she said.
On Bhartiya Muslim Mahila Andolan’s proposed Muslim Family Law, 2017, she said that such laws are being made by people who are not aware of the basics of Muslim Personal law. “Anyone can draft such laws but nothing can happen unless religious experts deliberate on such an issue. But the Parliament can always legislate and we cannot stop them,” she said.
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