Can woman be given option to say no to triple talaq before nikaah: SC


New Delhi, May 17 (IANS): The Supreme Court on Wednesday asked the All India Muslim Personal Law Board if it was possible to give the woman the option, before she gives her consent to nikaah, that the marriage she was entering into would not be dissolved through instant triple talaq.

The top court constitution bench headed by Chief Justice Jagdish Singh Khehar suggested that a clause can be added on the Nikaah Nama to say that the marriage can't be dissolved by the husband by pronouncing instant triple talaq.

The bench asked whether it was possible for the AIMPLB to do that and whether their advisory would be followed by the Qazis at the ground. You can incorporate this option in the Nikaah Nama before she gives consent to Nikaah to say no to triple talaq, Chief Justice Khehar asked the AIMPLB.

Responding to the suggestion, Senior counsel Yusuf Hatim Muchchala said that the advisory of the AIMPLB is not binding on the Qazis to follow on the ground.

However, Muchchala, who is also a member of the Executive Committee of the AIMPLB, referred to the recent resolution passed by the AIMPLB conclave at Lucknow wherein the Board has asked the community to boycott the men who take recourse to instant triple talaq to dissolved their marriages. The conclave took place on April 14, 2017.

He told the bench that they would consider the suggestion in all humility and would look at it. The suggestion to AIMPLB by the court came in the course of the hearing of a batch of petitions challenging the constitutional validity of triple talaq.

AIMPLB, has in the course of its submissions while saying that triple talaq was permissible, described it as a "sin" and "undesirable". The AIMPLB has said that the community needed time to change and reform itself on its own without any outside interference or dictate.

  

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Comment on this article

  • Ramesh S, MANGALORE

    Wed, May 17 2017

    peace lover..there were hundreds of nonsense traditions in Hindus it was succesfully removed by the court (now no one can even cull chicken in marigudi) ..let us not compare it with above, its not tit for tat..a previous Govt did blunder in shah bano case and SC followed it..if at the same time, if SC & Govt instructed AIMLB to come up with alternative or to abolish this in time bound manner with their own internal laws then there shouldnt have been any issue..you should know that all legal fights by your own community members and SC seeks Govt stand..final ruling by SC only, not by the Govt..

    DisAgree [2] Agree [4] Reply Report Abuse

  • Swamy, Mangalore

    Wed, May 17 2017

    Divorce is made very easy in Islam regardless of whatever procedures it involves. Once if that concept is there in mind and there is a religious stamp on it then men will find countless reasons which is in thier favour. In one side Quran says women are weak and men should be care takers, help and support them then next it gives full permission to divorce and outlines even the procedures. Marriage is god made but divorce is man made, so don't play with God made things. Divorce is not the option or solution for any challenges you face in life. A vast majority of people of other faith also marry with one partner for life and live happily without any problems mainly because there is no escape route of so called divorce and consider it a mission come what may to face the challenges together.

    DisAgree [2] Agree [10] Reply Report Abuse

  • Nawaz, Udupi/ Kuwait

    Wed, May 17 2017

    @Swamy, Magalore
    I feel like laughing at your comment that Dowry is made easy in Islam. Just show us any statements from religious scriptures of Islam where dowry is made easy? In fact Marriage is made easy in Islam; because in Islam, Women have no Obligation whatsoever for financial expenses and Men are Expected to Pay for the financial expenses during the marriage reception. And there are many practical examples of Nikah (marriage) that takes place in Masjid in the evening time within just 15-20 minutes with just soft drinks being served to the guests.

    For your “Care taker” comment; please note that it’s the faith/love between the couples that keeps the relationship intact. What's care taking when they are strangers after divorce?

    Just note that She is not a “Paraya Dhan” for her family once she gets married.
    Her father is still her father even after her divorce to take care of her.
    Her brothers are still her brothers even after her divorce.
    Her sons are still her sons even after her divorce.

    Our Prophet (Peace and Blessings of Allah be upon Him) said that: "The best among us is the one who is best to his wife" . Having said that Islam also gives procedure of giving divorce to husband (or wife) also, since in reality there can be possibilities that one of the couple is unfaithful to his/her partner. (or may be any other reasons also)

    There is no better solution than Divorce from husband (or wife) in case there is no faith between the married couple. I think you don’t watch “Crime Patrol” serial where you will find many cases of killings for the reason of not getting the divorce.

    DisAgree [2] Agree [2] Reply Report Abuse

  • Amith, USA

    Wed, May 17 2017

    Millions of CASES are pending and lakhs of INNOCENTS people are languishing in Jail but India's TOP Judiciary wasting their valuable time in this UNWORTHY argument same like Ayodhya. This is what Feku want to "SHOW-OFF" &" ULLU BANAYING " to Chaddis.

    DisAgree [14] Agree [16] Reply Report Abuse

  • Rajesh, Mangalore

    Wed, May 17 2017

    Ask the ladies who filed the petetion before the supreme court. you are entitled to your opinion but your opinion does not become Indias opiion.

    DisAgree [6] Agree [12] Reply Report Abuse

  • Nawaz, Udupi/ Kuwait

    Wed, May 17 2017

    @Rajesh,
    You can ask with those ladies why they want to stay with that same person who has no value to her that he divorced her in one go? Even if she is made to stay with her husband by force, what could be her condition/value while staying with that same person? What is the point in staying together without having faith in each other.

    DisAgree [1] Agree [3] Reply Report Abuse

  • Flavian, Mangalore/Kuwait

    Wed, May 17 2017

    There could be lot's of husbands without original wife. (first one) Is that Tit for Tat ?
    Please do not try to complicate the situation.

    DisAgree Agree [10] Reply Report Abuse

  • Shankar, Mangalore

    Wed, May 17 2017

    Love your wife with a simple belief that you are going together for the rest of the life.
    Don't hang on to the support of triple talaq, to end it whenever you want.

    DisAgree [5] Agree [15] Reply Report Abuse

  • Nawaz, Udupi/ Kuwait

    Wed, May 17 2017

    @Shankar,
    You mean to say that there should not be a divorce in any case? Be realistic/practical.

    DisAgree [5] Agree [11] Reply Report Abuse

  • mohan sr., Mangalore

    Wed, May 17 2017

    Triple talaq halala, and some other systems in mulims are forever unsolvable , If you put constitutional law , then some jihad groups groups will come up aganist the goverment .. So government must solve the problem very carefully by taking full confidence of fundamentalists.

    DisAgree [3] Agree [5] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D, QC, Mangalore (Kankanady)/Ottawa, Canada

    Wed, May 17 2017

    Sounds like the SC is trying to find a way out of this can of worms.

    DisAgree [3] Agree [8] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Wed, May 17 2017

    One Country, One Law
    Accept or leave Country ...

    DisAgree [14] Agree [26] Reply Report Abuse

  • kas, Mangalore

    Wed, May 17 2017

    Where the Hindus of this country will go, who have hundreds of cultures, systems and procedures and different temples for different castes ...

    DisAgree [9] Agree [7] Reply Report Abuse

  • MILAN, LUCERNE

    Wed, May 17 2017

    WHICH LAW, WHAT LAW, WHERE IS LAW

    NO GUJRATIS EVER HAD HANG TILL DEATH SENTENCES. FOR ANY CRIME.. WORLD RECORD

    DisAgree [8] Agree [9] Reply Report Abuse

  • shamon, cannanore

    Wed, May 17 2017

    |Dear Jossy, we we follow your suggestins, therde will be no place for you in your community as you will have to stop going Church. If there should be one rule one religion, one oway of prayer what about different religions being followed in India. Do you mean to say that all religions should be abolished in India and pople should follow one way of prayer and in that case please loet us know which way we should follow and which one you will follow. Please also advsie SC that there should not be system of marriage to avoid divorce or talaq and any one can live with any one without any marriage bond.

    DisAgree [1] Agree [5] Reply Report Abuse

  • Shankar, Mangalore

    Wed, May 17 2017

    Why these stupid arguments and suggestions?
    Just ban triple talaq.
    Or else we will bring an ordinance.

    DisAgree [19] Agree [16] Reply Report Abuse

  • Nawaz, Udupi/ Kuwait

    Wed, May 17 2017

    @Shankar,

    If you dare, then do the following on priority basis:

    Just ban discrimination in the name of Caste System.
    Just ban Kundali system where people are rejected for marriage based on their time of birth.
    Just ban Alcohol which is the root cause of many crimes, especially crimes against wife/ woman due to its consumption and loosing mental balance.

    But we never dragged our nose into other religions' issues by asking formulate laws to ban these things.

    DisAgree [6] Agree [19] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, May 17 2017

    ..Nonsense..can she dare to do that!!..with lot of hardship, pain her parents arrange marriage, do she & her parents have courage to put terms with groom family!!..it seems SC coming to square one..really wonder why its so difficult to decide..how can a country or court, punish a person or gives relief for the identical case just because he follows different religion!!

    DisAgree [11] Agree [13] Reply Report Abuse

  • kas, Mangalore

    Wed, May 17 2017

    Do you have any concern for the victims of RAPES / GANG RAPES / DOWRY and abandoned legal wives on the streets .....

    DisAgree [4] Agree [18] Reply Report Abuse

  • peacelover, India

    Wed, May 17 2017

    Ramesh is suffering from farsightedness can see distant objects (see problems of others) well but focusing on his own problems (within his own community) is not possible. Killing for dowry, abandoning wives, marrying more than one secretly, child marriages, oppression of widows are not problems for him.

    DisAgree [4] Agree [11] Reply Report Abuse

  • Rajesh, Mangalore

    Wed, May 17 2017

    Our legal sytem takes the cases of rapes but their hands were tied when it comes to triple talaq. dont you know the case of shah bano?

    DisAgree [3] Agree [3] Reply Report Abuse

  • Ramesh S, MANGALORE

    Wed, May 17 2017

    ..let us discuss above issue..as far issues mentioned by you, there so many laws and even people hanged..

    DisAgree [2] Agree Reply Report Abuse

  • kas, Mangalore

    Wed, May 17 2017

    Are the laws applied / implemented impartially ?????????????

    DisAgree Agree [2] Report Abuse

  • Santosh Kumar, India

    Wed, May 17 2017

    Why a woman is punished waiting period for 3 months after marriage. It is illegal & biased. Men go anywhere w/o waiting anytime.

    DisAgree [11] Agree [15] Reply Report Abuse

  • Nawaz, Udupi/ Kuwait

    Wed, May 17 2017

    @ Santosh Kumar,
    Please explain properly what is your matter of concern. I failed to understand what you want to say.

    DisAgree [12] Agree [11] Reply Report Abuse

  • MILAN, LUCERNE

    Wed, May 17 2017

    DURING MATERNITY PERIOD. WHY DELIVERY WOMEN STAYS IN HOSPITAL. WHY SHE CANT GO ANYWHERE.

    I THINK U GOT UR ANSWER.

    DisAgree [10] Agree [13] Reply Report Abuse

  • Santosh Kumar, India

    Wed, May 17 2017

    @MILAN, LUCERNE women deliver at home. If in hospital immediately next day to home.

    DisAgree [8] Agree [3] Reply Report Abuse

  • MILAN, LUCERNE

    Wed, May 17 2017

    EVEN TRIPLE TALAQ SAME THING. SAME DAY OR NEXT DAY BACK TO UR ORIGINAL HOME.

    DisAgree [3] Agree [7] Report Abuse

  • Santosh Kumar, India

    Wed, May 17 2017

    @MILAN, LUCERNE, Triple talaq & hospitalisation are not the same. These are different. Married & unmarried waiting period is there months. Nonsense & biased.

    DisAgree [4] Agree [2] Report Abuse

  • MILAN, LUCERNE

    Wed, May 17 2017

    YESTERDAY A HINDU MAN KILLED HIS WIFE. THERE WERE NO OPTION TO GET SEPERATE FROM HIS WIFE. IN FRUSTRATION HE KILLED POOR GIRL.

    DisAgree [14] Agree [16] Reply Report Abuse

  • Justin Lobo, Bangalore

    Wed, May 17 2017

    A man and a woman are to live together in a holy matrimony. Available option separate is either is impotent or insane. Quarrelling each other for wealth is selfishness. Thou shalt not kill an ultimate commandment. Killing in the name of Jihad and honour killings are madness. Divorce, Tripple Talaq and dowry are man made sickness.

    DisAgree [5] Agree [7] Reply Report Abuse

  • Nawaz, Udupi/ Kuwait

    Wed, May 17 2017

    @Justin Lobo,

    It seems as if you are living in this world. Face the problem and give solution to it. Don't just say that there shouldn't be a problem.

    DisAgree [4] Agree [6] Reply Report Abuse

  • Santosh Kumar, India

    Wed, May 17 2017

    @MILAN, LUCERNE, Agree from your side that the tripple talaq is man made not from God.

    DisAgree [5] Agree [6] Report Abuse

  • Justin Lobo, Bangalore

    Wed, May 17 2017

    @Nawaz, Udupi/ Kuwait, I hope not only the Muslims are existing & Muslims are only facing problems & what muslims suggest are the only solutions to be carried forward!!!!!!!!!!!!!!. is it so???????????? Dowry, Tripple Talaq & divorce are man made evils of the society.

    DisAgree [3] Agree [9] Report Abuse

  • HENRY MISQUITH, Bahrain

    Wed, May 17 2017

    First of all do justice to victims of rape and murder.

    DisAgree [6] Agree [16] Reply Report Abuse

  • kas, Mangalore

    Wed, May 17 2017

    Well said .....god bless you .... let us remove all the evils of the society .... including the talaq , if it is not practiced as ordained by Quran ...
    Give time to Muslims to reform and I am sure they will do it... and the Muslim society is coming to realise by boycotting the MAN who uses triple talaq... If he wants separation, let him wait for the 3 periods as mentioned in Quran and involving the senior members of two families .....

    DisAgree [2] Agree [12] Reply Report Abuse

  • nazeer husain, jeddah KSA

    Wed, May 17 2017

    Its possible to put any conditions in nikhanama before marriage including mutually consented seperation.Whoever accept it can go ahead with islamically halal marriage because marriage in islam is contract and not janam janam ka bandhan. As quran prohobits the breaking of any mutually accepted contractual terms if documented with an evidance. Besides we have special marriage act to deal with whoever have problem in accepting quran as word of almighty. The honourable supreme court must not allow any non islamic schollar or political regime to interfere in shariah and quran which no practicing muslim can ever accept. The ladies of present anti talaq aandolan almost are well funded and projected by anti islamic forces who never even shown the oppsite party of even a single victim in any debate.

    DisAgree [13] Agree [10] Reply Report Abuse

  • MILAN, LUCERNE

    Wed, May 17 2017

    WHY ONLY ONE OPTION.

    THERE SHOULD BE 4 OPTIONS.

    1. NO TRIPLE TALAQ AFTER NIKAH.

    2. WANTS TRIPLE TALAQ AFTER NIKAH.

    3. TRANSFER NIKAH TO SOMEBODY ELSE AFTER TRIPLE TALAQ. Ie HE CAN MARRY A GIRL OF HER CHOICE....

    4. PAY HIS 50% PROPERTY TO THE HUSBAND TO DIVORCED WIDOW. IF HE GIVES TRIPLE TALAQ.

    SHE CAN ALSO CAN TAKE TWO LIFE LINES...

    LIKE 5050 AND PARENTS DECISION. IF SHE WANTS TO.

    DisAgree [9] Agree [15] Reply Report Abuse


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Title: Can woman be given option to say no to triple talaq before nikaah: SC



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