A day after Supreme Court banned instant divorce for Muslims, Jama Masjid’s Shahi Imam Maulana Ahmed Bukhari on Wednesday slammed the All India Muslim Personal Law Board (AIMPLB) for its “‘dual stand” in the court.
Bukhari said that the AIMPLB took a confusing stand by saying on one hand that talaq-e-biddat was sinful while on the other hand insisting on keeping it intact.
“How can a thing which is sinful be allowed by Shariah?” he asked.
Bukhari said had the AIMPLB, which was party to the case, held wide consultations with clerics of other schools of jurisprudence before reaching a conclusion on the stand to be taken in the court, the Muslim community “would have been spared this ignominy”.
Bukhari nevertheless welcomed the courts decision in the context that it “upheld the spirit of the Muslim Personal Law”.
The Supreme Court which by a 3:2 majority decision struck down triple talaq as “unconstitutional”, “arbitrary” and “not part of Islam”, had differing arguments by the judges.
Justices Kurien Joseph, Rohinton Fali Nariman and Udey Umesh Lalit held that triple talaq is not integral to Islam, is banned in law and lacks approval of the Shariat.
Justice Kurian Joseph, while disagreeing with Chief Justice of India J.S. Khehar that triple talaq was integral to Muslim faith, said: “Merely because a practice has continued for long, that by itself cannot make it valid if it has been expressly declared to be impermissible.”
However, Chief Justice J.S. Khehar and Justice S. Abdul Nazir, in a minority judgment, said triple talaq is integral to Islamic practices and enjoys constitutional protection.