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Restraining clause of triple talaq is in practice since Nizam’s Rule

HYDERABAD: Following the controversy of pronouncing triple talaq in one go, nullifying the Muslim marriage, Qazis across India have been issued advisory to insert a clause in the Nikanama which would prohibit man to pronounce triple talaq in one go by the All-India Muslim Personal Law Board (AIMPLB).

The practice exists in most of the states and a similar restraining clause prohibiting men from pronouncing triple talaq in one go is been in practice in once ruled states by the Nizam’z century now in Telangana, parts of Karnataka and Marathwada.

The apex court keeping the religious sentiments intact suggested the AIMPLB to do so which would help the community to curb such centuries old practice.

“The decision to spread awareness against oral triple talaq in one-sitting was taken by AIMPLB’s executive committee. If the bride wants the condition to be inserted in the nikahnama, she can. The silver lining for Hyderabad is that a similar condition is already present in the qazath system,” said Maulana Rahmani.

The restraining condition is now published in ‘Kitabchah Aqd-e-Nikah’ (marriage booklet) issued by the Waqf Boards of Telangana and AP.

Syed Akbar Nizamuddin Hussaini, Chancellor of Jamia Nizamia said “Nikah is a contract between two individuals. If triple talaq is pronounced, it is a breach of contract as both bride and groom have signed on the booklet which states the man should not pronounce instant triple talaq”.

Also a member of Telangana State Wakf Board Hussaini said the the Nikahnama was designed 90 years ago by Maulana Anwarullah Farooqui founder of Jamia Nizamia during the period of then Nizam of Hyderabad State Mir Mahbub Ali Khan. It was later published as booklet Syed Mohammed Qutubuddin Hussaini.

He further explained, “The qazath of Hyderabad is unique, strong and ahead of its time. It also prevents alteration of conditions as a copy of the nikahnama is kept with the head qazi, while another goes to the state wakf board and a third one to the state archives.”

The restraining clause can also be found in a section of ‘Huqooq-e-Zoujain’ (Rights of Spouses) which says, “The clause states a man should not pronounce oral triple talaq in one sitting. Instead, he should pronounce talaq once so that there’s room for reconciliation,” said Mohammed Ikramullah, the secretary and hereditary qazi of Anjumath-e-qazath, an apex body of qazis, as reported in Times of India.