Days after the Supreme Court reserved its verdict in the triple talaq case, the All India Muslim Personal Law Board (AIMPLB) on Monday issued fresh guidelines to be followed by the husband and wife at the time of dispute. The guidelines, which is widely seen as a damage control move, recommend "social boycott" of Muslims who resort to triple talaq and appointment of an arbitrator to settle marital disputes.
Key highlights of the guidelines
>> If there are differences between a husband and his wife, they should first try to mutually resolve the issues by keeping in mind the provisions of the Shariat (Islamic law) and try to overlook the mistakes of others.
>> If the dispute is not resolved mutually and no desired results are achieved, then there may be a "temporary withdrawal".
>> In case of failure of the first two steps, senior members of both families should try to reconcile or one arbitrator may be appointed from each side for resolution of the differences.
>> Only if the dispute still remained unresolved, the husband may pronounce one divorce during the period of purity of his wife and leave his wife till the time her waiting period (iddat) ends.
>> If the wife is pregnant during the waiting period, the period will extend till the time of delivery and the husband will have to bear the expenses incurred during waiting period and in case the dower (dowry) has not been paid, then he has to pay it immediately.
>> If a favourable situation arises during the waiting period, the husband should retain her and then both of them should live as spouses. If the husband does not retain his wife during the waiting period, the marriage will be automatically dissolved after the lapse of waiting period and both of them will be free and authorised to start a new life.
>> If they reach any amicable settlement after the wait period, both of them may restore their relationship by the solemnisation of their marriage afresh with mutual consent along with a new dower.
>> Muslim community should socially boycott persons who have pronounced three divorces (talaq) in one go, so that such incidents may be minimised.
>> The board has also suggested a second way to annul the marriage in which the husband should pronounce one divorce during the period of the purity of his wife, followed by another divorce in the second month and the third divorce in the third month. If the husband and wife reach an amicable settlement before the pronouncement of the third divorce, he has to retain her and restore the previous marriage. If the wife is not willing to live with her husband then she can terminate the relationship by Khulaa (a form of divorce initiated by the wife).
(With inputs from PTI)
