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Triple talaq is constitutional'

Part of religious freedom: Muslim Board

Lucknow: The two-day executive committee meeting of the All India Muslim Personal Law Board in Lucknow, categorically turned down the government’s interference in matters related to Shariat, triple talaq in particular.

On the Ayodhya dispute, the Law Board said that it would go by the Supreme Court verdict, instead of talks. It said that religious freedom is the constitutional right of Muslims as in other communities of this country.

The AIMPLB said that negotiation on the Ayodhya issue would only complicate matters it would prefer to go with the decision of the apex court. The Board finally turned down the Supreme Court suggestion to initiate talks for an out of court settlement.

It said that the Board appeals to the Supreme Court to pronounce its verdict on Ayodhya title case at the earliest. The Board will abide by the court verdict nothing else.

It may be recalled that on March 21, the Supreme Court had said the construction of a Ram temple at Ayodhya was an issue of sentiment and religion, and asked the disputing parties to sort the matter outside court.

The AIMPLB said that it would not tolerate government’s interference will not be tolerated in matters related to Shariat.

However, it declared social boycott of those Muslims misusing tri-ple talaq and issued a Code of Conduct for all community members to follow while giving triple talaq.

Later, talking to reporters, Maulana Mohammed Wali Reh-mani, the general secretary of the AIMPLB, said that “If the law is being misused then corrective steps needs to be taken against those misusing it instead of changing the law. We have a right under the Constitution of the country to practice our personal laws and Board will not tolerate any interference in that from any quarters.”

He said that the Board has been making an all-out effort to discourage and check misuse of the practice of triple talaq.

Board’s guidelines
The eight-point Code of Conduct on triple Talaq, issued by the Board is as follows:
1. Muslim couple should take initiative on their own to end differences in their married life to situation reaching to divorce.
2. If this does not solve their dispute, then they should go for temporary separation.
3. If the above two fail to work, then elders from both sides should intervene and act as arbitrator to ensure reconciliation.
4. If that also does not work, then the husband can give one talaq to wife and leave her for the period of Iddat for any reconciliation. If the husband does not contact wife during Iddat, then the nikah is over. However, if the wife is pregnant then the period of Iddat will continue and in case of talaq, the husband will not only have to return Mehar but also will have to bear the cost of Iddat period.
5. If reconciliation is done after Iddat then with mutual consent both of them can have nikah again fixing new Mehar.
Note: (The Board has not clarified if this means that Muslim women will not have to face Halala for remarriage)
6. Another way to discourage the practice of triple talaq is that husband gives talaq not in one go but once a month and if in reconciliation is done in the third month then the same nikah continues.
7. If the wife does not want to live with husband, she may end nikah through ‘Khula’.
8. Muslim community should socially boycott those who give triple talaq in one go to put an effective check on such cases.

( Source : Deccan Chronicle. )
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