Triple talaq in mohammadan law
haroon Basha
(Querist) 08 February 2012
This query is : Resolved
Girl married on 24/9/2010. on 01/05/2001 husband has left the girl in parents home on the pretext that she has some disease(thyroid)/she has no symptoms. Afther them both were meeting through relatives for reconciliation. on 31/12/2011 in a reconciliation meeting told that he has pronounced talaq three times on 18/06/2011.On that day when the couple met the girl's father was also with them. Either girl or his father who were present on the scene has not heard any such pronouncement and totally both deny such pronouncing of talaw. The mufti has given a fatwa that talaq has come int to effect. Is fatwa valid? what is the status of fatwa in the eye of law? Whether the court will take the cognisance of such fatwa. The girl want to stay with husband. kindly help me.
ajay sethi
(Expert) 08 February 2012
PTI Aug 22, 2005, 05.18pm IST
The Government on Monday categorically told Parliament that 'Fatwas' issued by Islamic institutions do not have any legal backing and are not valid in the eyes of law.
"The procedure to be followed by courts in criminal cases are set out in the Code of Criminal Procedure, 1973. Fatwas issued by Islamic institutions are not having any legal backing and they are not valid in the eye of the law," Union Law and Justice Minister HR Bharadwaj told the Rajya Sabha in a written reply.
ajay sethi
(Expert) 08 February 2012
what does the word "fatwa" actually mean? It is an Arabic word, and it literally means "opinion". Muslim scholars are expected to give their "fatwa" based on religious evidence, not based on their personal opinions. Therefore, their "fatwa" is sometimes regarded as a religious ruling.
It is also interesting to note that different scholars frequently have different opinions regarding any given question. This is why there is usually more than one "fatwa" regarding any one question. In fact, there are a number of methodologies for how to understand evidence gathered from the previously mentioned sources of Islamic law. Scholars who follow different methodologies will frequently arrive at different answers to the same question
www.questionsaboutislam.com/shariah...law/what-is-a-fatwa.php
haroon Basha
(Querist) 08 February 2012
thanking you
a great help to update me
haroon
09886778089
ajay sethi
(Expert) 08 February 2012
The Muslim Personal Law (Shariat) Application Act, 1937 recognises Shariat law in the matters of divorce.
Since pronouncement of triple talaq amounts to divorce in Shariat law, the talaq may be valid.
So far as conventional Shariat is concerned, giving three talaq in one meeting are considered valid in Sunni Law but Shia law does not recognize it.
ajay sethi
(Expert) 08 February 2012
A.S. Parveen Akthar
Versus.
The Union of India (UOI),
a division bench comprising of Hon’ble Mr. Justice R. Jayasimha Babu and Hon’ble Mr. Justice E. Padmanabhan, held that whatever may be the form of talaq, first and foremost it must be for a reasonable cause, and must be preceded by several attempts for reconciliation by arbitrators chosen from the families of each of the spouses. As per the Hon’ble Court, the grounds on which the petitioner has sought a declaration that Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937 in so far as it seeks to recognize and validate Talaaq-ul-Biddat or Talaaq-i-Badai form of divorce, as void and unconstitutional, are mainly that it does not provide for reconsideration and is not preceded by attempts at reconciliation. The Hon’ble Court held that the petitioner’s apprehension that notwithstanding absence of cause and no efforts having been made to reconcile the spouses, this form of talaq is valid and not going against the constitution of the country. The writ petition was accordingly dismissed.
Devajyoti Barman
(Expert) 08 February 2012
You should now to validate the talaq visit the nearest Qazi and in presence of 2 witnesses you have to pronounce triple talaq.
The registered Qazi would thereafter give you registered Talaqnama.
You need to send a copy of the said talaqnama with the amount of Meher to the wife.
This is the recognised or accepted form of Talaq in India.
prabhakar singh
(Expert) 09 February 2012
Triple talaq in mohammadan law,in India,is the recognized way.
