Triple talaq ordinance a ‘murder of democracy’, infringes Shariat: Muslim Personal Law Board

The All India Muslim Personal Law Board (AIMPLB) Thursday termed the recent ordinance promulgated by the Centre on triple talaq as a “murder of democracy” and amounting to infringement of the Shariat law.

Addressing a press conference along with Majlis-e-Ittehadul Muslimeen president Asaduddin Owaisi at the MIM headquarters in Hyderabad, board spokesperson Maulana Khalid Saifullah Rahmani wondered why there was such an urgency in bringing an ordinance declaring triple talaq as a criminal offence. “Bringing ordinance through backdoor methods amounts to disrespecting the Parliament,” he said.

He pointed out that as per the Shariat Application Act 1937, it was agreed that if two litigants or persons in any case were Muslims, then the Shariat law would be applicable to them and the issue will be resolved in accordance with the Shariat.

“When the Constitution of India was drafted, it was agreed that the laws which were already in existence and did not clash with the Constitution would remain in force. It would mean that the Constitution had agreed that in the issue of talaq, the Muslim laws would be applicable,” he added.

Rahmani said the government should have first had a dialogue with the Muslim scholars, religious leaders, experts of Islamic law and the community in large before drafting the ordinance on triple talaq. “The government did not consult the AIMPLB nor did it have any dialogue with any other group or organization representing the Muslims or any group which is a representative of Muslim women at least,” he said.

Alleging that the ordinance was full of flaws, he said that a committee of the AIMPLB was studying it. Asked whether the board would challenge the ordinance in the Supreme Court, he said the board’s legal committee will look into it as the ordinance would anyway lapse in six months.

Rahmani also apprehended that criminalisation of triple talaq would result in more number of women deserted by their husbands without pronouncing talaq. “It is more agonizing for a woman if husband neither divorces her nor gives her the rights and thus denies her an opportunity to start life afresh,” he said.

On Supreme Court judgments decriminalizing homosexuality and adultery, MIM president Owaisi wondered why the Modi government wanted to criminalise triple talaq. “Marriage in Islam is a social contract and applying penal provisions is unconstitutional and violation of fundamental rights,” he said.