Visa
Kuummaar AS
(Querist) 12 March 2013
This query is : Resolved
A woman whose marriage was dissolved automatically as per muslim personal law has applied for Visa to visit abroad. The Embassy requires a document with respect to her marital status. What type of document can be submitted so as to serve the purpose.
Raj Kumar Makkad
(Expert) 12 March 2013
How the marriage was dissolved automatically?
Anyway, a Fatwa from a Qaji can be got obtained in this regard.
Kuummaar AS
(Querist) 12 March 2013
Do such types of Qajis have licence from the Government to issue Fatwas or no such licence is required by them or granted by the Govt.
Raj Kumar Makkad
(Expert) 12 March 2013
GOI has recognized such Fatwas as an evidence of divorce between Muslims as per Law of shria.
Kuummaar AS
(Querist) 13 March 2013
I am highly thankful and grateful for your kind advice. However, I want to know
"Do such types of Qajis have licence from the Government to issue Fatwas or no such licence is required by them or granted by the Govt.?"
The query is whether particular type of Qajis are eligible to issue such Fatwas or any Qaji can issue,
Devajyoti Barman
(Expert) 13 March 2013
Yes in all the major cities there are govt. registered Quazis like Marriage Registrars who are legally authorised to issue Talaqnama.
Ask your client to get in touch one of them and collect such certificate. There are some formalities to comply like presence witnesses, offering to pay Mehr etc.
Kuummaar AS
(Querist) 13 March 2013
As dissolution of marriage is automatic, will question of mehar etc. arise?
prabhakar singh
(Expert) 13 March 2013
You may take some pain to read provisions of
The Dissolution of Muslim Marriages Act, 1939,if any suit of declaration is required or not SINCE YOU HAVE NOT STATED FACTS CAUSING AUTOMATIC DISSOLUTION .
Raj Kumar Makkad
(Expert) 13 March 2013
Automatic dissolution is a word unheard without disclosing much facts despite of repeated demand so the query should be treated as resolved.
prabhakar singh
(Expert) 13 March 2013
There does take "automatic dissolution"in several circumstances in Islamic personal law but after passing of the The Dissolution of Muslim Marriages Act, 1939,in many circumstances the lady has to file a declaration,which she was not required to do before passing of this Act.
Surender Kumar Sharma
(Expert) 13 March 2013
Instead of fatwa there is one register in every masjid where the nikahnama nd talaknam is to register so get register the same and the copy of same is acceptable to government
Kuummaar AS
(Querist) 13 March 2013
The query for VISA is with respect to
cases which are not under The Dissolution of Muslim Marriages Act, 1939.
prabhakar singh
(Expert) 13 March 2013
Then only quazi can create such document.Authority to rule vests in them under their personal law and it is a mater of personal law.
Kuummaar AS
(Querist) 13 March 2013
Thanks all experts Sirs.
Raj Kumar Makkad
(Expert) 13 March 2013
The above mentioned register is meant for the entry of such Fatwa given by QuaZi and no other entry can be made thereto.
