An exclusive ‘Hyderabad News‘ investigation has revealed that many muftis are trying to circumvent the Supreme Court’s ban on triple talaq.
Muslim husbands asked to use a different terminology to end their marriage.
Use of term “talaq-e-bain” in place of triple talaq would dissolve matrimony: Mufti
Islamic personal laws prescribe mainly 3 methods of divorce – including now-banned talaq-e-biddat.
A number of Muslim clerics appear to be circumventing the Supreme Court’s triple-talaq ban, issuing insidious advice for instant dissolution of marriage to male divorce-seekers from the community, KhabarLive investigation has found.
As parliament prepares to take up a proposed legislation on Muslim divorce, KhabarLive found muftis brazenly defying the top court’s August ruling. (Muftis are Muslim legal experts empowered to decide on religious matters.)
In August, the Supreme Court declared the practice of instant divorce in Islam unconstitutional.
But KhabarLive investigation found a number of clerics violating the spirit behind the landmark judgment hailed as a major victory for women’s rights.
The probe discovered muftis advising male divorce-seekers to modify the outlawed commandment of triple talaq for quick – but safe – separation from their wives.
Instead of saying talaq three times, Muslim husbands were asked to use a different terminology to end their marriage, the investigation found.
Mufti Fahimuddin, who runs the Hidayatul Islam Madrasa at Rajender Nagar area in Hyderabad, told KhabarLive that the use of the term “talaq-e-bain” in place of triple talaq would also dissolve the matrimony immediately.
“Instead of pronouncing talaq thrice, if you say talaq-e-bain once, the matter ends there,” the mufti advised. “This is talaq-e-bain, which means the wife will be separated. If she ever wants to revive the marriage, then it will have to be solemnized afresh by a mufti or a maulvi.”
“What will happen in that case. Will there be an instant talaq?” probed KhabarLive.
“Yes. Just say it in one breath that ‘I am giving you talaq-e-bain’. The matter ends there,” the mufti replied.
A rant of the term “talaq-e-bain” is apparently being unanimously recommended as a means for instant divorce, KhabarLive’s investigation discovered.
Islamic personal laws prescribe mainly three methods of divorce — talaq-e-ahsan, talaq-e-hasan and the now banned talaq-e-biddat or triple talaq.
“There’s a supreme court order and then there’s a way to get out of it in Islamic law. That’s what I explained. I have explained to you how to bypass the supreme court and at the same time get separated from her (the wife),” claimed Mufti Fahimuddin.
Mufti Sadiq Ahmed, who works at the Zeenat-ul-Islam Madrasa at Hyderabad, too advocated talaq-e-bain for dissolving marriage instantly.
“The man wants instant divorce. He wants to get rid of his wife without delay,” asked KhabarLive.
“Yes, he then can issue talaq-e-bain. Instant riddance as soon as it’s uttered,” Mufti Sadiq ruled.
“So, there won’t be any problem in the light of the supreme court ban?” KhabarLive wondered.
“There won’t be any problem. It’s permitted,” answered the mufti. “That’s how you won’t run afoul of the court order. You will not be charged under the law,” he insisted.
In his recommendation, Mufti Arar Khan, who runs the Darul Uloom Jamiat-ul-Siddiqui Madrasa in suburbs of Hyderabad, suggested divorce-seekers issue talaq-e-bain in writing and not orally.
“Issue it in writing. Don’t utter a word from your mouth. Issue talaq-e-bain in writing instead,” he said. “The biggest advantage is that if she accuses you of triple talaq, you can then show it (the talaq-e-bain note),” he said. #KhabarLive