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Published in the 16-31 July 2004 print edition of MG; send me the print edition

AIMPLB says it not empowered to abolish triple talaq

New Delhi: The executive committee meeting of the All India Muslim Personal Law Board (AIMPLB) in Kanpur on 4 July decided that Muslim women would not be given the right to divorce and that the practice of triple talaq could not be banned. The Board recognised that triple talaq was a social evil which could not be corrected legally.

Board president Maulana Syed Rabey Hasani Nadwi said that Muslim personal laws are based on divine laws and the triple talaq is a part of those divine laws called “Shariat”. We have no powers to amend or abolish triple talaq, he said.
Maulana Nadwi said that the Board has recognised that triple talaq is evil but the Muslim society could find a solution only through social reforms. "Legal reform is not an answer to every social evil," he added.

The problem of talaq could effectively be handled if both husband and wife approach Darul Qaza, Maulana Nadwi said, adding that in Bihar, Orissa and Jharkhand, Darul Qazas solved 18,000 talaq cases and in most of these cases Muslim women benefitted. 

The meeting decided to organise an intensive campaign against un-Islamic practices prevalent in the community. The convenor of Islah-e-Mu’ashara (social reform) Malulana Wali Rahmani, state convenors of Islah-e-Mu’ashara Maulana Hameeduddin Sambhali and Maulana Abdullah Mughisi of Uttar Pradesh, AY Shaikh of Mumbai, Maulana Aneesur Rahman of Bihar, Maulana Shamsuddin Afridi of Madhya Pradesh and Maulana Asrarul Haq Qasimi of Delhi participated in the meeting. 

AIMPLB general secretary Maulana Nizamuddin asked the convenors to create zeal for reforms among Muslims by changing their thinking. The Board noted that in Uttar Pradesh Muslim women are still deprived of their rights to inheritance in agricultural lands. It has urged the UP government to amend sections 171 to 174 of the Zamindari Abolition Act to give Muslim women the right to inheritance in agricultural land.

The meeting discussed the progress made in establishing Darul Qazas, the institution for settlement of family disputes by arbitration in accordance with the Shariat. It decided to establish more Darul Qazas in Gujarat, Andhra Pradesh, Uttranchal, Rajasthan, Tamil Nadu and UP. 

The Board said it has launched a four-month social reform programme across the country to create awakening among Muslims against un-Islamic practices regarding termination of marriage by talaq, mutual rights and obligation of spouses and women’s right to inheritance. The Board will discuss the results of the campaign in its general session to be held in Kerala and will decide future course of action. 

MG News Desk

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