NEW DELHI (TIP): The All India Muslim Personal Law Board (AIMPLB) told the Supreme Court on Thursday that it would enable Muslim brides to include in the nikahnama (marriage contract) a provision allowing them to say no to triple talaq.
“We also don’t want the practice to go on. We had a meeting yesterday. It will be part of the nikahnama. We will send an advisory to all ‘qazis’ stating that they should avoid instant triple talaq,” senior counsel Kapil Sibal, appearing for the AIMPLB, told a five-judge bench headed by Chief Justice J S Khehar.
Concluding its hearing of a clutch of petitions challenging the practice of triple talaq, polygamy and nikah halala, the bench, which includes Justices Kurien Joseph, U U Lalit, R F Nariman and Abdul Nazeer, reserved its verdict.
The bench had on Wednesday asked the AIMPLB if it was possible to include such a provision in the nikahnama. “Can it be made possible to give an option to a wife that she can say that she was agreeable to or not agreeable to it (triple talaq)?
Is it possible to pass a resolution to all ‘qazis’ to include this condition in ‘nikahnama’? Give an option to wife to say ‘no’ to triple talaq,” the bench had asked. Reacting to Sibal’s submission today, Justice Kurien asked, “why not bring it on record”.