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Muslim women can also pronounce divorce: Fatwa

  • A cleric at the renowned Dargah Aala Hazrat seminary has issued a fatwa declaring a wife has a right to give divorce to her husband if the husband tortures her, is an alcoholic or is suffering from a disease. However, only when the man has given them the right to divorce at the time of the wedding or afterwards.

    Mufti Mohammed Saleem Noori who is also spokesperson of the seminary, issued a fatwa saying that a wife too can give divorce. "Most of the people are under the assumption that only a husband can give divorce, but the wife too can do so and there are certain conditions for this. If the man has given his wife the right to divorce at the time of the wedding or afterwards, the woman can say the word 'talaq' to end marital ties. If the husband gave the permission for single talaq, the woman can say it once and divorce will be granted. If the husband granted the right for double or triple talaq, the woman has to say talaq according to the right. This procedure of taking divorce is called Tafweez-e-Talaq," said Noori.

    Another major reason for obtaining divorce is that husband should be alcoholic, suffering from disease or disability, unable to fulfil his duty as a husband or if he physically assaults his wife

    “There have been many cases reported from European countries where abusive husbands did not give divorce to their wives, fearing that they will have to give some share of property to them. However, in such cases, the wives lead a pathetic life but they can end their relationship through this Tafeez-e-Talaq procedure," said Noori.

    In Islam, there is another way of ending marriage, Khula. "Tafeez-e-Talaq and Khula are different as women opts for Khula when she wants divorce but the husband is not ready. For coaxing the husband to end the marriage, the woman can offer money, property or some other items in exchange of divorce. However, in Tafeez-e-Talaq, the husband gives maintenance to the wife," said Noori.

     

    OUR TAKE

    A Women rights in getting divorce is comparatively restricted compared to a man in Muslim law. This case has broadened the boundaries for the Muslim women to get divorce and reinforced the knowledge that Talaq is not a one-way right, even women can exercise this and utter the triple talaq. But limiting their rights to a husband’s permission, this does guarantee complete equal footing to the Muslim women. 


    Learn what is triple talaq, triple talaq rules and Supreme Court judgements on triple talaq cases here at LawRato.com


    Visit the Indian Kanoon section of LawRato to learn more on Indian Laws.

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