This refers to the front-page news, “Power to pronounce Talaaq not absolute: HC” (GK, October 30, 2012). The said verdict is not fully in compliance with the well established principles and commandments of Islamic Shari’ah, and hence it will create more problems rather than solving them, and will create a very unhealthy atmosphere of disputes and disturbances in the Muslim community. Islamic Shari’ah strongly recommends a Muslim husband that before pronouncing Talaaq on his wife, he should make efforts by his representatives and the representatives of his wife to intervene, settle disputes and disagreements between the parties so that an excellent rapport may be developed between the spouses. And if the husband feels constrained to divorce his wife, then he should divorce her in the period of Tuhr sans performing coitus in the said Tuhr. However, these prerequisite ‘ingredients’ are not indispensable, as per the established principles and provisions of Islamic Shari’ah, to operate the divorce pronounced by the husband as has been pronounced by Justice Hasnain Massodi Sahib in his verdict quoted by GK.

Fayyaz Ahmad Zarroo
Director, Islamic Da’wah Centre
Chattabal, Srinagar

Lastupdate on : Wed, 31 Oct 2012 21:30:00 Makkah time
Lastupdate on : Wed, 31 Oct 2012 18:30:00 GMT
Lastupdate on : Thu, 1 Nov 2012 00:00:00 IST