New Delhi: Under fire from the Supreme Court on the issue of triple talaq, the All India Muslim Personal Board is up to some damage control. The cornered Muslim Board told the Supreme Court that it has decided to issue a circular to all qazis across the country that while finalising ‘nikahnama’ they must take an undertaking from the husband that he will not give triple talaq to his wife.
The announcement to this effect was made by Kapil Sibal, the lawyer representing the board before a five-judge constitution bench which is hearing petitions challenging the validity of triple talaq. After hearing the petitions for six continuous days, the bench reserved its verdict.
Sibal’s statement comes a day after the bench wondered how the Muslim community could claim it was fundamental to the religion when they themselves admitted it was sinful and worst form of divorce. Picking up an Islamic religious text during the high-voltage hearing and reading it, Chief Justice J S Khehar said “somebody gave this book to us… it says Talaq-e-biddat is a deviation from the right path. And now this is read and reread during every Friday afternoon prayers. So during every prayer you say triple talaq is bad, sinful”.
Earlier the CJI also questioned the claim of another lawyer that triple talaq was sacrosanct and court could not interfere asking, you yourself say it is the worst kind of divorce, sinful then how can triple talaq be sacrosanct and fundamental to religion and if it is not fundamental to religion, article 25 (freedom of religion) and 26(freedom to manage religious affairs) will not come in.