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Can Muslims have prenuptial agreement clearly saying no to triple talaq?

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New Delhi: Some very interesting discussion took place during the just concluded hearing on the issue of triple talaq in Supreme Court. The discussions that should have taken place between ulama, actually happened in India’s apex court.

To curb the practice of triple talaq in one sitting, the Supreme Court has recommended an ideal nikahnama, or the Islamic marriage contract document, be submitted.

During the hearing of the triple talaq case, Chief Justice Jagdish Singh Khehar, along with a five-member bench, asked All India Muslim Personal Law Board if they can have their qazi prepare a new and ideal nikahnama to curb the practice of triple talaq in one sitting.

AIMPLB has asked for time to think over the matter.

Darul Uloom Deoband has issued a fatwa regarding the ideal nikahnama. It is possible the AIMPLB submits the fatwa before the Supreme Court for perusal. It would aid in the decision over the ideal nikahnaama and triple talaq.

The Supreme Court also raised the question before AIMPLB if a Muslim woman can have a prenuptial agreement that states that she cannot be given triple talaq. The answer to this question also happens to be included in the fatwa by Darul Uloom Deoband, and it is a yes. The bride can have a prenuptial agreement banning the use of triple talaq ever on her.

Advocate Yusuf Machhala, representing the AIMPLB, pointed out to the Supreme Court that not all qazi are obliged to follow the directives of the AIMPLB. He stated that the Board very respectfully accepts the request of the Court and requests time to think over the matter. The AIMPLB also submitted the recommendation passed by the Board on April 14, 2017 that stated that those practicing triple talaq should be boycotted from society.

On the other hand, Attorney General Mukul Rohatgi, representing the Indian Government, said, “It is not a matter of minority or majority community. It is actually a matter concerning the women of just one minority community. If the Board disapproves of triple talaq and considers it sinful, then how can it be a part of Islam? If 28 countries currently have declared triple talaq as unlawful then how can it become a matter of Islam? Sati and devdasis were part of Hindu religion which are no more a part of it now.”

Rohatgi’s last argument regarding Sati and Devdasi was countered by the judges, who asked him back to point out which of these Hindu practices have been abolished by the court.

Interestingly, the Quran was recited during the hearing over triple talaq. The chief justice along with the bench of five justices each had a copy of the Quran before them and they looked at each line being recited.

Representing Maulana Arshad Madani, President of Jamiat Ulama-e-Hind, Advocate Dr Rajeev Ramchandran spoke in favour of triple talaq. He pointed out that triple talaq is valid as per the hadeeth. He did point out that there is no mention of triple talaq in one sitting in the Quran.

But Senior Advocate V Giri, Shakeel Ahmad Saeed, Neyaz Ahmad Frouqui, Mujeebuddin Khan Azmi and Muhammad Parwez, representatives of Jamiat Ulama Hind (General Secretary Maulana Mahmood Madani) pointed out, “Triple talaq is proven both in the Quran and hadeeth.”

This proves wrong the point by AIMPLB that triple talaq is not proven in the Quran. The hearing on this matter was scheduled from May 11, 2017 to May 18, 2017.

Translated from Inquilab

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