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Muslim one-sided divorce criticised by qazis

Date: May 20th, 2016 - Written by: Brookman Solicitors

qazi-divorce

 

The International Business Times reports that there have been a number of cases across India, where husbands have approached Islamic qazi judges and asked to grant them a divorce, without telling their wives.

This procedure, which appears to be increasingly common, is carried out by the husband simply giving the dower to a qazi but failing to follow Islamic law by not informing his wife about talaq.

Qazi Mir Mohammed Khader Ali, chief of the council of qazis in the state of Telangana has condemned the practice, supporting the triple talaq system but urging all qazis to refuse any application for divorce, where the wife is not present.

It has been alleged that hundreds of one-sided divorce cases have been presented over the last few months, with a number of qazis persuaded to permit the request by the substantial fees offered. Qazi Mir Mohammed Khader Ali has revealed that he turned down 200 such requests last year. Reasons for wanting the divorce vary and have included wives regularly working late and wearing makeup.

Insisting that both parties are present when applying for divorce can have additional benefit. Qazis should attempt to encourage the couple to undertake counselling rather than proceed with the divorce, advises Syed Shah Noorul Asfia Soofi, chief qazi of Secunderabad. Qazi Ikramullah, head of Nalgonda Qazat, believes that: “At least 15 percent of marriages can be saved if one-sided talaq is discouraged”.

Meanwhile, the Supreme Court is petitioning to invalidate the triple talaq system altogether, a move which is currently opposed by the All India Muslim Personal Law Board (AIMPLB). In a recent case, a woman challenged triple talaq in the Supreme Court and sought to file charges against her husband who, she alleges, was physically abusive. The woman hopes that triple talaq will be declared unconstitutional and the Supreme Court has given AIMPLB six weeks to make a decision on the case.

 

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