AIMPLB seeks withdrawal of Bill, says amendments insufficient

LUCKNOW : The All India Muslim Personal Law Board (AIMPLB) has urged the Centre to withdraw the Triple Talaq Bill, which proposes to make instant divorce a criminal offence. The board said the bill was unnecessary.

“The government must withdraw the Triple Talaq Bill. Amendments are not sufficient. If triple talaq equals 0 (null and void), according to the Supreme Court, punishment will be without a crime. It’s an unprecedented situation,” tweeted Maulana Khalid Saifullah Rahmani, the AIMPLB secretary, on Friday.

The apex governing body of Muslims on religious matters said the proposed bill was unwarranted, unconstitutional, antiwoman and would destroy families if it was implemented.

“The terms set out in it not only encroach upon the Constitutional guarantees granted to religious minorities but are also against the very essence of the verdict delivered by the Supreme Court on August 22, 2017 in

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If triple talaq equals 0 (null and void), according to the Supreme Court, punishment will be without a crime. It’s an unprecedented situation

MAULANA KHALID SAIFULLAH RAHMANI, AIMPLB secretary

instant triple divorce matter,” he said. The Centre had then said it was not keen on bringing any law on the subject, he pointed out.

Highlighting the inherent contradictions in the proposed law, AIMPLB secretary and senior high court lawyer Zafaryab Jilani said the courts have ruled for maintenance for women and the children by the husband after the divorce. But this was in contradiction of the three-year jail term proposed in the bill.

“How will a person in jail provide maintenance to his wife?” he asked. Jilani said the bill was selfcontradictory and drafted in a ham-handed manner.

“The provisions of the bill are contrary to the existing legal provisions already set out in Guardianship and Custody Act, domestic violence and several established criminal procedure code laws. It (bill) would not stand the scrutiny of courts and would be struck down at the outset,” he said.Not merely instant triple divorce, the proposed law, Jilani said, banned all kinds of divorce, virtually taking away the rights of a Muslim husband to annul his marriage.

Questioning the government’s haste to enact the law, the board said the Centre neither followed the laid down procedure nor consulted the stakeholders while giving shape to the bill.

“The board is also opposed to instant triple divorce and is in favour of a strong law. We are willing to work in tandem with the Central government to eradicate the (mal) practice. But if the government’s motive is political, we would not like to comment on it,” the board said adding that in such a situation the Muslim body would be left with no other option but to oppose the proposed bill on every forum using all democratic means.