Triple talaq: AIMPLB will either move SC or work with Opposition to thwart passage of ordinance in RS
For the triple talaq ordinance to remain in force, it needs to be passed in the Rajya Sabha within six months. The AIMPLB is counting on this.
Lucknow: The All India Muslim Personal Law Board (AIMPLB) has expressed "displeasure" over the ordinance to ban the practice of instant triple talaq, saying it will soon formulate its strategy to protest it.
The board will soon decide whether to move the Supreme Court against the ordinance or coordinate with the Opposition to block the bill in the Rajya Sabha when it is brought there to ratify the ordinance, AIMPLB general secretary Maulana Wali Rehmani told PTI on Thursday.
"The board was expecting such an ordinance, but it will be in force for six months only," said Rehmani, referring to the maximum life of an ordinance.
He said though the government has made some improvements in the ordinance compared to the provisions in the original bill on triple talaq, it is "still erroneous constitutionally". "The board's lawyers might approach the Supreme Court against it," said Rehmani.
"The second option is that when a bill to replace the ordinance comes in the Rajya Sabha, the board will approach the Opposition with its arguments to prevent its passage. The board will soon decide in its meeting on which way to go," he said.
Claiming that the Narendra Modi government is confusing Muslims on the instant triple talaq issue, Rehmani said, "It's an attempt to malign the image of the community. It's the policy of the government to lead a campaign against Shariat laws with some Muslim women on their side."
"The government wants that such women rise in number so that it can openly claim that they are working for betterment of the Muslims," said Rehmani, suggesting that this law would shut all avenues of reconciliation for the Muslim women after triple talaq. "The government is trying to take political mileage of this by ignoring Shariat provisions on triple talaq."
Claiming that Union Law Minister Ravi Shankar Prasad's data on triple talaq was "false", Rehmani said, "There is no listing of triple talaq cases."
Darul Uloom Deoband, too, expressed its concern over the ordinance. "The Indian Constitution gives religions freedom. The issue of talaq and nikah are religious and no government should interfere in it. It's against the soul of the Constitution," said Maulana Abdul Qasim Nomani of the Islamic institution.
The Union Cabinet on Wednesday approved an ordinance to ban the practice of instant triple talaq, stating that there was a "compelling necessity" to bring the measure as instances of talaq-e-biddat continued unabated despite the Supreme Court striking down the provision. Under the ordinance, giving instant triple talaq will be illegal and void and will attract a jail term of three years for the husband.
Seeking to allay the fears that the law could be misused, the government has also included some safeguards in it such as providing for bail to the accused husband. These amendments were cleared by the Cabinet on 29 August.
All India Majlis-e-Ittehad-ul Muslimeen chief Asaduddin Owaisi on Wednesday said the ordinance was "anti-Muslim women" and would do them more injustice. Owaisi claimed the ordinance was to divert the people's attention from the issues like rising fuel prices and dwindling rupee.
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