One Step Forward, Two Steps Back: Muslim Law Board's New Code on Talaq
One Step Forward, Two Steps Back: Muslim Law Board's New Code on Talaq
All India Muslim Personal Law Board on Tuesday called for social boycott of a man pronouncing triple talaq in one sitting.

New Delhi: All India Muslim Personal Law Board on Tuesday called for social boycott of a man pronouncing triple talaq in one sitting.

AIMPLB has also given the green signal to a divorce procedure wherein the couple can be separated after 90 days of the pronounce ment of only one talaq by the husband. The board added that once the talaq has been called out, the woman will live in seclusion for 90 days, hoping to rebuild ties with her husband. “The marriage stands severed if the husband doesn’t contact her during those 90 days,” the board said.

AIMPLB has now issued an eight-point code of conduct to regulate the practice of triple talaq, but has maintained an eerie silence on the issues of Nikah Halala and polygamy, issues that are being looked at by the Supreme Court.

The eight-point code of conduct is:

1. In case there are differences between a husband and a wife, both the parties should try to resolve the differences amicably. They should try to understand that there are good and bad qualities in any individual and often good qualities overpower the bad ones; hence they should try to overlook the negative traits.

2. If the above method does not work, then there should be temporary abandonment of the relationship.

3. If both the methods fail, then family members from both sides of the couple should try to mend the strained relationship.

4. If even then the relations do not improve, then the husband can pronounce talaq just once when the wife is not menstruating. After that, the couple must let a period of three months, (period of Iddat) pass. If during these three months, they solve their issues, then the husband can contact the wife again and live with her.

If during the period of Iddat, the husband does not contact the wife and their relations do not improve, the relationship would come to an end after 90 days, and they would no longer be husband and wife. But if the wife is pregnant when the talaq is pronounced, then the period of Iddat will continue till her delivery.

The man must bear the expenses of the wife during Iddat. The man must also pay the Meher (amount paid by the groom to the bride during marriage) to his wife, if it is not paid before during this time.

5. If after the expiry of 90 days, the couple reconciles, there needs to be a new nikah (wedding) along with a new meher.

6. Another way is that the husband pronounces the first talaq when the wife is not menstruating, waits for a period of one month, then pronounces talaq again. He then waits for another month and in the third month pronounces talaq for the third time. If before the third talaq, the couple mends their differences, it can stay together like a lawfully wedded couple.

7. If the wife does not intend to live with the husband then she can end the relationship through Khula.

8. Muslim society should socially boycott men who pronounce triple talaq in one sitting so that such instances slowly reduce.

The code of conduct has not played out well with many within the community. Shaista Ambar, president of All India Muslim Women Personal Law Board, “We used to hold AIMPLB regulations in high regard earlier, but it’s not the case anymore. They should realise that they are not Khap Panchayats. What is this period of 90 days? It’s nothing but showing food to a hungry person. None of these regulations are binding and are merely advisory. What we need now is punishment for these men who abandon women at their own whims and fancy. The code of conduct must be trashed and they should let judiciary take a call in this matter.”

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