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Jamiat reacts to verdict of Supreme Court regarding issue of triple talaq

August 23, 2017

New Delhi: August, 23

Today here at central office of Jamiat Ulama-i-Hind a meeting was held to discuss about the verdicts of Supreme Court regarding instant triple talaq. The meeting was chaired by its national president Maulana Qari Mohammad Usman. The meeting was attended by Maulana Mahmood Madani, General Secretary, Jamiat Ulama-i-Hind, Maulana Salman Mansoorpuri, Advocate Shakeel Syaed, Mr Niaz Farooqui, Maulana Salman Bijnauri, Mufti Affan Mansoorpuri, Maulana Mazuddin Ahmad etc.

The meeting was followed by a press briefing in which Maulana Mahmood Madani has given a press statement that was unanimously adopted during the meeting. He is the text of the statement.

1. There is no ambiguity in this that the Supreme Court by it 3-2 majority verdict has struck down the practice of instant triple talaq. We express our deep concern over this verdict as it is against the Islamic Shariat.

2. The Supreme Court has explicitly underlined that as per Indian Constitution Muslim personal law is guaranteed as fundamental rights which the Constitution is duty bound to protect. It implies that several provisions of the Personal law including other forms of talaq, polygamy and right to inheritance etc which are incorporated in the Shariat Application Act 1937 are parts of the fundamental rights and thus can’t be set aside. However the Supreme Court has observed that issues like halala and polygamy etc. will be separately taken up for consideration. In this case, the effects of this verdict on these issues can’t be overruled.

3. In view of the apprehensions arising out of between the line of this verdict, Jamiat Ulama-i-Hind seeks to make it clear that we will never compromise upon 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.

4. Jamiat Ulama-i-Hind appeals to All Muslims that they do not give talaq without any unavoidable circumstances because the talaq is not the desirable thing in the eye of the Shariat. Especially Muslims must avoid practice of the instant triple talaq so that others cannot find ways to interfere in our religious matters. 

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