Jamiat says SC triple talaq ruling violates Shariah

New Delhi, Aug 23 (IANS) The Jamiat Ulema-e-Hind (JUH), one of India's largest groups of Muslim clerics, on Wednesday described the Supreme Court decision striking down instant divorce as violative of the "Shariah" and a matter of "grave concern" for the Muslim community.

Jamiat General Secretary Maulana Mahmood Madani said instant triple talaq was still valid as per the Islamic code notwithstanding the Supreme Court declaring it as unconstitutional and void in law.

"Even now, if a man administers instant talaq, it will come into effect as per Shariah for those who believe in it," he told reporters here.

Madani said the Jamiat has appealed to Muslims in India not to resort to divorce, especially instant divorce, "without very compelling reasons".

On the judgment he said: "We express our deep concern over this verdict as it is against the Islamic Shariah."

However, in the same breath he clarified that the JUH was not encouraging the practice of instant triple talaq or "any other form of talaq for that matter".

The apex court by a 3-2 decision struck down the centuries-old practice of instant triple talaq among Indian Muslims as unconstitutional and void in law, inviting appreciation from activists, politicians, clerics, celebrities, political outfits and NGOs, including the All India Muslim Personal Law Board (AIMPLB) that was contending for the controversial practice.

Madani said that since the Supreme Court has observed that issues like halala and polygamy etc. will be taken up separately for consideration, therefore the effects of this verdict on these issues cannot be overruled.

"In view of the apprehensions arising out of between-the-lines of this verdict, JUH seeks to make it clear that we will never compromise on religious rights guaranteed in the Constitution as fundamental ones. Any attempt to trample upon that should not be condoned. We will continue to fight against any such attempt at every level," he said.

However, Madani refused to comment on what will be JUH's future strategy in this connection, as also if JUH -- that was a party to this case - will file review petition.

"At the moment we are only reacting to the apex court order and we can only express our dissatisfaction with the verdict. We will decide the future course after discussing it in the JUH Executive Council," he said.

The Maulana added that the learned judges' understanding of the Quranic injunctions over talaq was "far from perfect".

"Jamiat Ulema-e-Hind appeals to all Muslims that they should do not give talaq, especially instant triple talaq, unless in very compelling circumstances because talaq is worst of all the things that are halal and not a desirable thing in Shariah," he said.