LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shahidkhan (self)     24 February 2015

Divorse declaration case against muslim wife

I have given diverse my wife as Islamic sariya saying three time talaqe in january14. She left my house that time..Then in by noterised diverse send by me to send her four time by reg post ad in aug2014..I have retained undelivered and unopened cover with me..i have also obtain darul ifta certifcate supporing my divirse confirmed as per isalamic sariyah..she filed 498a.406.323.537(5).dv.494.406.120(b) on me and my family in Rajasthan...I'm from Gujarat....my advocate advice me to file diverse declaration case in Gujarat..please guide me in what section and how...pls don't say to ask advocate...I'm tax consultants...I want face my case in person....thanks


Learning

 1 Replies

anything4u (nil)     24 February 2015

Three times talak in January 14....... Neither you know the law nor you know your religion well. And on top of it the so called authorities or religious heads have mislead you. 

Islam does not recognize saying hundreds of talak at one occasion. It's only counted as one in a single sitting. Than you will have to wait for a month (mensturation) and pronounce second divorce. Than after a month the third one. This is exactly what Shariyat says and this is what Indian law as applied to Muslim recognise. 

AS FAR AS ISLAM IS CONCERNED DIVORCE IS TOO HARD:

1. You can pronounce single divorce in a month. So the procedure takes three months at earliest. 

2. The wife should be residing with you through out this period. 

3. Though residing togather the you should not be attracted towards your wife intemately. 

THOUGH THE courts does not recognise the second and third points above, the shariyat is very clear about it. 

A BRIEF FLASHBACK ON TRIPLE TALAQ.

It first happenned at the time of Khalifa Umar that some of the womenfolk complained to him that their husbands used to threaten them by pronouncing divorce and then retracting it back. The women became very scared of this attitude of their husbands. SO JUST FOR STOPPING this practice and high handedness of the husbands it was declared that anyone speaking divorce once will be accepted and will become prohibited for his wife. 

The intention was not to change the Shariyat of the Prophet, but to just stop the unjust husbands from harassing their wifes. The same Khalifa Umar had also said that whenever you find some orders of mine contradicting with the Prophet, throw my orders to the walls and follow the path of the prophet. THE PATH OF THE PROPHET IN THIS REGARD IS UNDOUBTEDLY CLEAR as I said above. 

The problem with people is that some uneducated persons do not understand the meaning of the word sunnah or shariya. Worst is they blindly follow the religious heads without having a shread of knowledge of the way of the Prophet. Sunnah It means the way. Now one should decide on whose way is he walking. On the way of the prophet  or something which is brought after him. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register