AIMPLB mulls legal options against triple talaq ordinance

AIMPLB mulls legal options against triple talaq ordinance

Courtesy : Bureau21/09/2018 22:30

NEW DELHI: With the Narendra Modi led Union Cabinet clearing an ordinance that makes instant triple talaq a criminal offence, the All-India Muslim Personal Law Board (AIMPLB) said it would consider taking legal recourse to contest the “criminality clause” in the latest legislation. 

The working committee will meet in a few days to discuss the issue, an AIMPLB working committee member told The Nationalist.

Some board members are also considering taking legal recourse to contest the criminality clause in the ordinance, the committee member added. 

“The way it (instant triple talaq) has been criminalised makes it necessary to approach the court. We will soon decide on how to do it,” said AIMPLB working committee member Qasim Rasool Ilyas.“The issue will be taken up by the committee soon,” Ilyas added in haste.

“The ordinance was expected as we felt the government did not want to wait for the Rajya Sabha to pass the legislation. This is only to divert the issue,” he pointed.

AIMPLB general secretary Wali Rahmani said the board members would read the ordinance and examine it in detail before calling a meeting. “We will decide the future course of action after going through the ordinance.”

Though, AIMPLB has been opposed to the idea of treating instant triple talaq as a crime, the board remains a divided house on the issue. This was evident during the AIMPLB working committee meeting in Lucknow in which only 19 of 51 members turned up.

Further divisions could emerge depending on how the board reacts to the issue, said another member.

AIMPLB member and advocate, Mehmood Pracha, said the ordinance did not give women the right to property and imprisonment for three years was a “mild punishment”.

“There is no threat of arrest. It is a soft Act. An ordinance has a six-month life...It is not that the BJP does not have the numbers (to pass the bill the Rajya Sabha). We saw that in the election of the Rajya Sabha deputy chairman…This is being done only for political benefit and not for providing any justice to the Muslim women,” alleged Pracha. 

He also revealed that the AIMPLB had never filed a revision petition when the court order came although he had given it in writing that the “judgement is anti Islamic and will disturb the system of Islam that is holistic in nature”.

All India Majlis-e-Ittehadul Muslimeen chief and AIMPLB member Asaduddin Owaisi, who has been insisting on a better draft to oppose the Centre’s move, said the brunt of the ordinance will be on the poor Muslim daughter-in-law who will not find support within their families.

“It violates the right to equality promised by the Constitution. In Islam marriage is a contract. You cannot add penal provisions to it. If the marriage has been dissolved, why is the arrest happening then? How many households will stand with such daughter-in-law? According to the ordinance, the marriage would still subsist. Why should women face such situation?” he asked. 

The solution, Owaisi said, should be in the formulation of nikaah namas approved by the government and the Wakf Board that would remind people of the Supreme Court order. 

 

 

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