Women can pronounce triple talaq, ask for very high 'mehr', AIMPLB tells Supreme Court
The AIMPLB on Tuesday told the Supreme Court that triple talaq was a "sin and undesirable" act.
New Delhi: The Supreme Court on Wednesday asked the All India Muslim Personal Law Board (AIMPLB) whether a woman can be given an option to say 'no' to triple talaq at the time of execution of 'nikahnama'.
Chief Justice of India Jagdish Singh Khehar, who along with four other judges, is hearing a batch of petitions challenging the constitutional validity of triple talaq today suggested senior lawyer Kapil Sibal, representing the AIMPLB that a clause can be added on the nikaahnama to say that the marriage can't be dissolved by the husband by pronouncing instant triple talaq.
Replying to SC's query the board said that a Muslim woman had every right to pronounce triple talaq in all forms, and also ask for very high 'mehr' amount in case of talaq.
The Muslim board also stated that marriage in the Muslim community is a contract.
Earlier, the SC bench also wanted to know from AIMPLB that whether the board's advisory will be followed by the Qazis at the ground level.
To this query, one of AIMPLB's lawyers Yousuf Muchala told the SC bench that board's advisory is not mandatory for all Qazis to follow.
The AIMPLB lawyer said that the board accepts the suggestions in all humility and will look into it.
Today is the fifth day of the hearing on a clutch of petitions challenging triple talaq, polygamy and 'nikah halala' which is going on before a bench comprising members of different religious communities including Sikh, Christian, Parsi, Hindu and Muslim.
The AIMPLB on Tuesday told the Supreme Court that triple talaq was a "sin and undesirable" act, but still permissible and efforts are on to educate the community against its misuse.
"If I have faith that Lord Rama was born at Ayodhya, then it's a matter of faith and there is no question of constitutional morality" and it cannot be interfered with by a court of law Sibal said while drawing an analogy between triple talaq and the belief about Lord Rama.
"Triple talaq has been there since 637 AD. Who are we to say that this is un-Islamic. Muslims are practising it for last 1,400 years. It is a matter of faith. Hence, there is no question of constitutional morality and equity," he told the five-judge Constitution bench.
The Constitution bench comprises of Chief Justice JS Khehar, Justice Kurian Joseph, Justice Rohinton Fali Nariman, Justice Uday Umesh Lalit and Justice S Abdul Nazeer.