The All-India Muslim Personal Law Board (AIMPLB) informed the Supreme Court on Tuesday marriage in the Muslim community is a contract and it is open for women to insist on specific clauses in the Nikahnama to protect their interests and dignity.
Ejaz Maqbool argued to the board submitted before a five-judge Constitution bench headed by Chief Justice of India J S Khehar. The woman had four options before entering into a marital relationship, including insisting on registering the marriage under the Special Marriage Act, 1954.
“The woman can also negotiate in the Nikahnama. She has right to pronounce triple talaq in all forms, and ask for very high ‘Mehr’ amount in case of talaq. Also, can impose other conditions are available to protect her dignity,” the Muslim law board said.
“A Muslim man can delegate his power of pronouncing talaq to his wife or to any other person. However, such delegation does not deprive the husband of his own right to pronounce talaq.” Arguing against the court putting triple talaq to a constitutional test, advocate Kapil Sibal cited Article 371A, that even the Constitution should protect matters of practice and customs of communities.