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Can local madrasa grant divorce and is it accepted legally
18-Apr-2023 (In Muslim Law Law)
me muslim. wife stayed with me for only a month. after that left to her mothers house. After that she did not talk to me. After staying around 2 months at her mothers house, she filed false 377 against me (2 yrs back) and asked huge money to withdraw it in the police station. I did not agree and denied to compromise. No charge sheet till date. In between wife and her parents approached local shariah (small Madarsa in UP) and asked them to grant her divorce. I got notice from the Madarsa to meet them, but i replied that case is pending in court hence no other organization should call me legally. I approached High Court for FIR quashing but after 6 hearings (6 months) it got denied and judge asked to argue in trial court. My questions: 1) can this local madarsa/shariah grant her divorce, as case is pending legally? 2) can she marry, if this madarsa/shariah granted divorce to her? 3) Is madarsa/shariah's divorce granted to her is legally vaild?
(1) The Madrsas or Emarate Shariya or Darul Qadah can only advise the Parties regarding the dispute and their advice has no legal sanctity in the Eye of law.
(2) Only in the Peculiar facts and circumstances the wife can obtain Khula and once Khula operated the marriage tie will not sustain, and wife can can marry. But again for Khula there are certain requisites which required to be fulfilled.
(3) Therefore the Madarsa can declare freeing of wife, and that would operate against the husband.
(2) Only in the Peculiar facts and circumstances the wife can obtain Khula and once Khula operated the marriage tie will not sustain, and wife can can marry. But again for Khula there are certain requisites which required to be fulfilled.
(3) Therefore the Madarsa can declare freeing of wife, and that would operate against the husband.
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Adv. Uzmi Jameel Husain
Delhi | 25+ Answers
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The answer to your question is simple under Islamic Law(though I am not an Islamic Scholar not I am issuing any fatwa) husband can only divorce his wife i.e. Talaq e Ahsan & Hasan and also forbidden form Talaq u Biddat. Once your wife approached the qazi then he must hear you also and he cant just pronounce it. So you must approach big institution like Deoband or Nadva or any institution of your choice so that you can get your query remedied. As far as your 377 is concerned you can get it redressed by choosing proper advocate.
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Adv. Akbar Siddique
Delhi | 25+ Answers
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According to Quran, Muslim law, only husband has right to give talak his wife. No, the madarsa has not power to grant her talak without your consent or without your present. She can marry after take talak otherwise she can not do marry any person. Yes, madarsa grant her talak but when you also present their and give her talak.
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Adv. Ahsan Chaudhary
Delhi | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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