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Muslim board rejects Triple Talaq Bill

25 December 2017

"The proposed bill approved by Central cabinet and ready to be tabled in Parliament is unIslamic, anti-women and against the tenets of the Constitution of India", said Maulana Khalid Saifullah Rahmani, secretary of AIMPLB, while emerging from the executive committee meeting of the Board.

“The board is of the view that the triple talaq Bill is against the Constitution, rights of women and Shariah (Islamic law).

The Muslim Women Protection of Rights on Marriage Bill, prepared by an inter-ministerial group headed by Home Minister Rajnath Singh, will be introduced by the government in Parliament next week.

Nomani said that while drafting the Bill, the parliamentary procedure of lawmaking too had been ignored, because neither the stakeholders nor the affected parties nor women organisations had been consulted, while they could have laid out the actual position on the ground, the correct position of the law, the adverse consequences of the proposed law, and the effect on the welfare of women and chldren.

Nadvi will request Prime Minister Narendra Modi to withhold or withdraw the bill.

"The definition of talaq in the bill relates to all forms of talaq over and above the instant triple talaq, which is unacceptable", remarked Nomani.

"If required, we will meet the PM. Muslim Personal Law Board feels it's an effort to take away right of divorce from Muslim men", Nomani said.

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The board chose to constitute a committee that will study the Supreme Court's verdict on triple talaq in detail and find a solution to the conflict between the judgment and Shariat.

He said if the government considered it necessary to enact such a law, it should have held talks with the AIMPLB and other representatives of Muslim women etc.

According to the draft law, which would be applicable to the entire country except Jammu and Kashmir, giving instant talaq would attract a jail term of three years and a fine. The Statement of Objects and Reasons of the legislation circulated among members of the House says, "The legislation would help in ensuring the larger Constitutional goals of gender justice and gender equality of married Muslim women and help subserve their fundamental rights of non-discrimination and empowerment".

Meanwhile, the Lok Sabha was informed on December 20 that Muslim organisations were not consulted before the government framed the draft bill.

The proposed law would only be applicable to instant triple talaq or "talaq-e-biddat" and it would give power to the victim to approach a magistrate seeking "subsistence allowance" for herself and minor children.

"Further, the government fails to understand that a divorced woman won't be able to claim her and her children's right to maintenance if the earning member is put behind bars". The proposed bill has made instant divorce a non bailable offence which can lead to an imprisonment of up to three years.

Muslim board rejects Triple Talaq Bill