Law

Muslim Law Board Will Not File Review Petition Against SC Ruling on Triple Talaq

Some in the board are of the view that a review petition would bring other Islamic practices such as nikah halala and polygamy under scrutiny.

Women protest the practice of instant triple talaq before it was abolished by the Supreme Court. Credit: PTI

Women protest the practice of instant triple talaq before it was abolished by the Supreme Court. Credit: PTI/Files

New Delhi: Just weeks after the Supreme Court ruled that the practice of triple talaq is void and illegal, the All India Muslim Personal Law Board (AIMPLB) said on September 10 that although the practice of three pronouncements of talaq in one sitting was sinful, it was valid.

According to a Hindustan Times report, at an executive committee meeting in Bhopal, the AIMPLB said that talaq-e-biddat has its basis in religious texts and belief as per Sharia applicable to four Sunni schools of thought. At the marathon meeting, according to Indian Express, the executive committee decided to establish a panel to examine the ruling to find any inconsistencies with the Shariah.

While the AIMPLB did not discuss filing a review petition against the apex court’s order, it accused the government of attempting an attack on Muslim personal laws saying that the Centre’s stand on the practice “is contrary to the protection guaranteed by the constitution of India,” Scroll.in reported.

Kamal Faruqui, a member of the AIMPLB executive committee, told the Indian Express“The matter of a review petition was absolutely not discussed at the meeting. Whoever thought we would be doing so was merely imagining things. We have always advocated a reasonable line, we are not in favour like some other organisations of taking to the streets at the slightest pretext.”

Some in the board are of the view that a review petition would bring other Islamic practices such as nikah halala and polygamy under scrutiny.

On August 22, a five-judge bench of the Supreme Court had set aside triple talaq by a 3-2 majority and said the practice was unconstitutional and in violation of Article 14.

A number of Muslim organisations had objected to this saying that instant triple talaq should continue and be recognised as a legitimate divorce among Muslims.