New Delhi: Three months after the Supreme Court of India banned triple talaq till the Parliament passes a law, Modi governmen in New Delhi set up a ministerial committee to consider a legislation to put an end to the widely common practice among the Hanafi Muslims in India.
Government functionaries, who did not wish to be named, said that the Centre was considering to bring a suitable legislation or amend existing penal provisions, which would make instantaneous triple talaq an offence, according to PTI.
As the law stands today, a victim of concurrent talaq would have no option but to approach the police for redressal of her grievance as a Muslim clergy would be of no assistance to her.
Even police are helpless as no action can be taken against the husband in the absence of punitive provisions in the law, they explained.
The ministerial committee has been constituted to frame a law, and the government plans to bring this legislation in the Winter Session of Parliament, the functionaries said, PTI reported Tuesday.
The Supreme Court of India on August 22, 2017 while terming instant or triple talaq against the principles of Quran and Shariah invalidated the evil practice and asked the government to bring a legislation on it in the parliament.
The Supreme Court referred to the fact that several Islamic countries like Pakistan do not allow triple talaq; judges questioned why it should not be abolished in India.
Differences over practice of Triple Talaq exist in the Islamic Sharia since the tenure of second Caliph Omar (RA). Muslim scholars and jurists argue that concurrent talaq or triple talaq in one go has never been approved by Prphet Mohammad (peace be upon him), during the tenure of first Caliph Abu Bakr (RA) and the first two years of Caliph Omar's caliphate.
Caliph Omar later approved it as punishment, scholars argue, but later on the practice was annulled by Muslim jurists. It is on this basis, the practice of concurrent talaq has been termed invalid in most of the Muslim countries.
Muslims in India, majority of them followers of Hanafi school of thought, are adamant on the invalid concurrent talaq and are fighting a case with women activists in the Supreme Court.
Interestingly, some renowned Hanafi scholars have also ruled against concurrent or triple talaq. According to the sources in the All India Muslim Personal Law Board (AIMPLB), the members fear that agreeing to any change on triple talaq would open floodgate of interference in other Sharia matters.
It is also learnt that there is a strong dissent among the members of the All India Muslim Personal Law Board (AIMLB) and especially some women members are upset over board's handling of the situation.