Muslim clerics oppose HC judgement on 'Triple Talaq'

Mumbai, Jan 22 (UNI) Muslim clerics today expressed shock and disbelief over the recent verdict of the Bombay High Court which pronounced that the 'Triple-Talaq' system, validated by the 'Sharia' for the Muslims, is not completely valid until and unless certain preconditions are strictly adhered to.

The Judgement was delivered by Justice B H Marlapalle, of the Aurangabad bench of the Bombay High Court, Reacting to the judgement, Maulana Mehmood Daryabadi, general secretary of the Ulema Council, inced no words in criticism.

''The High Court does not have the right to interfere in Sharia matters. The Judgement is tantamount to interference in teligious issue'' he charged.

He insisted that the Muslim Personal Law allows men to obtain a divorce by pronouncing the word 'talaq' thrice at one go, but however, admitted that before resorting to this, the couple should preferably appoint an arbitrator and attempt to reconcile.

In the controversial Judgement, Justice B H Marlapalle had held that talaq between Dilshad Begum and Ahmadkhan Hanifkhan Pathan was illegal and invalid since Pathan had not gone through the preconditions of arbitration and reconciliation, prescribed by Muslim law.

''The reasons for divorce, appointment of arbiters, arbiters resorting to conciliation proceedings and the failure of such proceedings or a situation where it was impossible for the marriage to continue, have not been proved in this case,'' the Judge had observed in his Judgement, reiterating the landmark judgment by a full bench of the High Court in similar circumstances in 2001.

However, Mufti Abdul Ahad Falahi, a Qazi (Judge) of the All-India Muslim Personal Law Board, say he did not agree with the views of the Judge.

''Ideally, there should be elders from both sides as arbitrators and they must try to resolve the dispute between the couple. Talaq should be uttered only after the reconciliation procedure has been exhausted. But if the ideal procedure is not followed, it doesn't mean that the talaq becomes invalid,'' he noted.

Mufti Aziz-ur-Rehman Fatehpuri, the Mufti-e-Azam of Maharashtra, said that he could not comment before going through the entire Judgement.

He clarified that divorce is possible by pronouncing 'talaq' thrice, but it should not be done at one go. He also stressed that 'Allah' does not like talaq.

UNI