Lucknow, August 22: All India Muslim Personal Law Board Counsel Zafaryab Jilani on Monday said the body will meet on September 10 in Bhopal to decide the future course of action after the Supreme Court invalidated the practice of Triple Talaq in Muslim community. Jilani said the legal team of AIMPLB will study the entire judgement and apprise the body about the legal options.
Jilani said, “We respect the Supreme Court’s verdict on the triple talaq. The AIMPLB’s legal committee will study the entire judgement and advise the executive of the Muslim law board accordingly. We will also convene a meeting of the Executive on September 10 at Bhopal to decide the future course of action.”
However, Jilani emphasised the government should not introduce the legislation regarding the practice of triple talaq. He said such move will be against the fundamental rights. Jilani added, “We will try to carry on our reform throughout the community and to ensure that this practice of triple divorce in one sitting without any lawful justification may come to an end; at least reduced to the nominal extent.”
The five-judge Constitution bench headed by Chief Justice of India (CJI) J.S. Khehar, deciding on the verdict, was seemingly split on the legality of the practice.
Justice Nariman, Justice Lalit and Justice Kurien opposed the view of Justice Nazir and Chief Justice of India J.S. Khehar and dubbed the practice of Triple Talaq as unconstitutional and un-Islamic. The Supreme Court further asked the Union Government to formulate a new legislation within six months.
The apex court reportedly referred to the abolition of triple talaq in the Islamic countries and asked “why can’t independent India get rid of it.” The decision came soon after the apex court resumed the hearing on the matter on Tuesday morning.
CJI Khehar, while pronouncing the judgement, however, upheld the practice and said, “Talaq-e-biddat is not violative of articles 14, 15, 21 and 25 of the Constitution.” The CJI, further using his power under Article 142, directed the Union of India to form a proper legislature regarding ‘talaq-e-iddat.’