ALSO READSupreme Court strikes down triple talaq; calls it unconstitutional SC strikes down triple talaq, declares it illegal and unconstitutional Triple talaq: Law panel to await SC verdict, go slow on uniform civil code Triple Talaq: All India Muslim Personal Law Board opposes petitions in SC SC strikes down triple talaq: Here's a timeline of the historic case
With the Supreme Court asking the Union Government to formulate a new legislation in connection with the triple talaq practice, the All India Muslim Personal Law Board (AIMPLB) on Tuesday said that the Board supports the judgement, adding security should be provided to the Muslim women until a law is made.
"I am thankful to the Supreme Court for this judgement that a law is to be made immediately in this issue. I hope that the top court will monitor this issue and provide security to the Muslim women until a law is made. The victims should get relief from this malpractice," AIMPLB member Shaista Amber told ANI.
"A law regarding divorce should be implemented which is in light of the Quran. Also, a fine and a punishment for the culprits should also be decided upon so that the cases of 'talaq' are reduced," Amber added.
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 unislamic.
The Supreme Court has further asked the Union Government to formulate a new legislation within six months.
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.'
CJI Khehar said that all parties must decide keeping politics aside.
The constitution bench had reserved its verdict on May 18 after a six-day marathon hearing.
Earlier in the hearing, the apex court refused to hear all the three cases of polygamy, nikah and halala at once, saying it will focus on one matter at a time.
On May 22, the All Indian Muslim Personal Law Board (AIMPLB) filed an affidavit in the Supreme Court and said it would advise the Qazis to tell the brides and grooms to not resort to "triple talaq in one sitting."
The All India Muslim Personal Law Board (AIMPLB) told the apex court that marriage in the Muslim community is a contract and in order to protect their interests, they can put special emphasis on certain clauses in 'nikahnama'. The board further 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 board's reply came after CJI JS Khehar asked AIMPLB counsel Kapil Sibal if it was possible to give bride the right to not accept instant triple talaq.
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