Woman has right to end nikah, says Kerala HC; AIMPLB calls order ‘unacceptable’

LUCKNOW: The All India Muslim Personal Law Board (AIMPLB) has taken exception to a Kerala high court order earlier this week that a Muslim woman has the right to terminate her nikah (marriage) herself and does not necessarily need her husband’s consent.

AIMPLB general secretary Maulana Khalid Saifullah Rehmani said in a statement that the HC in the particular case did not interpret the provisions of the Sharia but “instead tried to legislate over the same, which was unacceptable to the board”.

Rehmani said Islam provided for only four talaq (divorce) options. One is triple talaq where the husband has the right to pronounce divorce. The second is khula where a divorce is usually moved by the wife and comes into force after the husband acknowledges.

The third is talaq-e-tafweez (delegated divorce) where the prospective wife has it mentioned in the nikahnama (marriage contract) that she will be authorised for talaq without the consent of her husband in case he treats her inhumanely and/or subjects her to mental and physical torture. The fourth option is before a qazi/court, Rehmani said.

“There is no other manner of talaq explained in the Sharia and the Kerala HC has exceeded its brief of interpreting the divorce provisions in the light of Islamic jurisprudence,” Rehmani said. The AIMPLB’s reaction comes in wake of the HC dismissing a review petition by a husband challenging the divorce granted to his wife under the Dissolution of Muslim Marriages Act, 1939.

A division bench of Justices A Muhamed Mustaque and CD Dias held that it was the right of a Muslim wife to terminate the marriage and said this was in accordance with the Quran and could not be influenced by her husband’s decision to accept or decline the move. The HC further said it shall not surrender to the opinions of the “Islamic clergy who have no legal training on the point of law”.

“No doubt, in matters related to beliefs and practices, their opinion matters to the court and the court should have deference for their views,” the HC observed.

The court further cited the Quranic verse related to khula — Chapter 2, verse 229 — and said it unequivocally declares that a Muslim wife has the right to terminate her marriage.

The petitioner-husband had contended that although a Muslim woman had the right to demand divorce, she had no absolute right to pronounce “khula” — unlike the right of her counterpart to pronounce “talaq”.

Courtesy : TOI

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