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HC judgment on talaq raises eyebrows in Kashmir
Valleys Grand Mufti calls for a meeting of religious scholars to discuss the verdict
Ishfaq Tantry
Tribune News Service
Srinagar, November 1
The judgment by the Jammu and Kashmir High Court on the validity and absoluteness of talaq (divorce) has sent Islamic clerics and religious scholars in the Kashmir valley into a tizzy. They have now called for a meeting to discuss the judgment threadbare.
The high court while interpreting the Islamic Sharia law had ruled on April 30 that a husbands power to pronounce talaq was not absolute. The court had held that divorce was the last resort and could be administered only after the husband had exhausted other options.
The Grand Mufti (chief cleric) of Kashmir, Mufti Bashir-ud-Din, has decided to convene a meeting of prominent religious scholars to discuss the judgment and its ramifications on Muslim marriages and divorces. The cleric has urged the people to not react over the judgment till a decision is taken by scholars.
It is a very delicate issue which involves the court and the Islamic Sharia law. Before commenting on the judgment, I have called for a meeting of religious scholars and Ulema to discuss the matter, Mufti Bashir-ud-Din told The Tribune.
He said he had requested for an authentic copy of the judgment, adding that he could not rely on media reports alone and needed to read the judgment himself before reacting over the issue.
The Grand Mufti said the Islamic Sharia law was clear and prudent as far as the rights of a husband and a wife and divorce matters were concerned.
Meanwhile, city-based organisation Islamic Dawah Centre, which runs an Islamic marriage counselling centre in Srinagar, in its statement, has said that the high court verdict is not fully in compliance with the well established principles and commandments of the Islamic Sharia.
It will create more problems rather than solving them and will create a very unhealthy atmosphere of disputes and disturbances in the Muslim community, the statement read.
It is deplorable that attempts are being made to bring the holy Quran and Sunnah to reconcile with the feminist views by saying that pronounced talaq of a husband will only be applicable if the husband has a valid reason or a genuine cause of pronounced divorce, it said.
The judgment was delivered in a divorce case involving Mohammad Naseem Bhat and Bilquees Akhter.
Bilquees had had initially come up with an application in the trial court seeking maintenance. However, the husband had resisted the application on the grounds that he had divorced her and was not under any obligation to pay maintenance allowance.
The trial court had ordered a monthly maintenance to the woman, which was set aside by a review court. Subsequently, the review court order had been challenged before the high court, which upheld the earlier trial court order.
Court verdict
The high court in its judgment on April 30 had ruled that a husbands power to pronounce talaq (divorce) was not absolute, observing that it was the last resort which could be administered only after he had exhausted the other options
While interpreting the Islamic Sharia law, the court held that a husband could not wriggle out of his obligations under marriage, including the one to maintain his wife, after claiming to have divorced her
The court held that it was only after the husband had proved that he had exhausted all the options of reconciliation that the talaq would become valid and the marriage between the parties would stand dissolved.
The court said the husband should have a valid reason and a genuine cause to pronounce talaq on his wife in the presence of two witnesses.
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Another shahbano case in making.Hope this time idiot congressi politician dont come under pressure but alsas.its gonna meet the same fate of shahbano case.
Valleys Grand Mufti calls for a meeting of religious scholars to discuss the verdict
Ishfaq Tantry
Tribune News Service
Srinagar, November 1
The judgment by the Jammu and Kashmir High Court on the validity and absoluteness of talaq (divorce) has sent Islamic clerics and religious scholars in the Kashmir valley into a tizzy. They have now called for a meeting to discuss the judgment threadbare.
The high court while interpreting the Islamic Sharia law had ruled on April 30 that a husbands power to pronounce talaq was not absolute. The court had held that divorce was the last resort and could be administered only after the husband had exhausted other options.
The Grand Mufti (chief cleric) of Kashmir, Mufti Bashir-ud-Din, has decided to convene a meeting of prominent religious scholars to discuss the judgment and its ramifications on Muslim marriages and divorces. The cleric has urged the people to not react over the judgment till a decision is taken by scholars.
It is a very delicate issue which involves the court and the Islamic Sharia law. Before commenting on the judgment, I have called for a meeting of religious scholars and Ulema to discuss the matter, Mufti Bashir-ud-Din told The Tribune.
He said he had requested for an authentic copy of the judgment, adding that he could not rely on media reports alone and needed to read the judgment himself before reacting over the issue.
The Grand Mufti said the Islamic Sharia law was clear and prudent as far as the rights of a husband and a wife and divorce matters were concerned.
Meanwhile, city-based organisation Islamic Dawah Centre, which runs an Islamic marriage counselling centre in Srinagar, in its statement, has said that the high court verdict is not fully in compliance with the well established principles and commandments of the Islamic Sharia.
It will create more problems rather than solving them and will create a very unhealthy atmosphere of disputes and disturbances in the Muslim community, the statement read.
It is deplorable that attempts are being made to bring the holy Quran and Sunnah to reconcile with the feminist views by saying that pronounced talaq of a husband will only be applicable if the husband has a valid reason or a genuine cause of pronounced divorce, it said.
The judgment was delivered in a divorce case involving Mohammad Naseem Bhat and Bilquees Akhter.
Bilquees had had initially come up with an application in the trial court seeking maintenance. However, the husband had resisted the application on the grounds that he had divorced her and was not under any obligation to pay maintenance allowance.
The trial court had ordered a monthly maintenance to the woman, which was set aside by a review court. Subsequently, the review court order had been challenged before the high court, which upheld the earlier trial court order.
Court verdict
The high court in its judgment on April 30 had ruled that a husbands power to pronounce talaq (divorce) was not absolute, observing that it was the last resort which could be administered only after he had exhausted the other options
While interpreting the Islamic Sharia law, the court held that a husband could not wriggle out of his obligations under marriage, including the one to maintain his wife, after claiming to have divorced her
The court held that it was only after the husband had proved that he had exhausted all the options of reconciliation that the talaq would become valid and the marriage between the parties would stand dissolved.
The court said the husband should have a valid reason and a genuine cause to pronounce talaq on his wife in the presence of two witnesses.
===========================================
Another shahbano case in making.Hope this time idiot congressi politician dont come under pressure but alsas.its gonna meet the same fate of shahbano case.
