On March 30, Dar ul Uloom issued fatwa against triple talaq practice

It said, that enhanced dower could be seen as a disincentive for breaking this clause, “eg of Rs 50,000 may be deemed multiplied 10 times, upto Rs 500,000” in case this condition is violated.

Written by Seema Chishti | New Delhi | Updated: May 19, 2017 9:22 am
triple talaq, three talaq, muslim divorce, Dar ul Uloom, supreme court, what is triple talaq, AIMPLB, J S Khehar, indian express news, india news This fatwa comes out of a detailed query put forth by Justice Sohail Aijaz Siddique, former Chairman of the National Commisison for Minority Educational Institutions.

The All India Muslim Personal Law Board Thursday may have suggested that an “advisory” be sent to all qazis advising them to desist from encouraging triple talaq and ensuring that the practice is clearly seen as unacceptable. But on March 30, Dar ul Uloom, Deoband, the leading Islamic seminary and considered one of the most prestigious after Cairo-based Al Azhar, may have shown the way.

In a fatwa issued that day by seven scholars of Dar ul Uloom, including Mufti Habib-ur Rehman, it was decreed that as part of the nikahnama or marriage contract, it “would be durust (proper)” to incorporate the condition that the woman will never be given an oral and instantaneous triple talaq. “If it is uttered thrice at one sitting, it would be correct to treat it as one utterance”.

Read | Women will get option to say no to triple talaq, Muslim board tells SC

Moreoever, it said, that enhanced dower could be seen as a disincentive for breaking this clause, “eg of Rs 50,000 may be deemed multiplied 10 times, upto Rs 500,000” in case this condition is violated.

This fatwa comes out of a detailed query put forth by Justice Sohail Aijaz Siddique, former Chairman of the National Commisison for Minority Educational Institutions. He is of the view that “it is important for the community to show that it is cognisant of the fact that the instantaneous oral triple talaq is an evil social practice and must not be allowed to be continued. An argument made by the Board that the Courts or state must not interfere with personal laws of communities would be taken seriously only if there was a clear indication that the community itself was keen and capable of reform.”

Said Justice Siddique: “I was thrilled to note that the bench and judges on it asked for this assurance on Wednesday and on Thursday. It is important that this issue gets resolved without allowing for dragging all Muslim practices in the dock and trying to isolate them as violative of the Constitution and good sense.”

Justice Siddique had met Maulana Arshad Madni of the Jamiat Ulema-e-Hind in March and called upon him to take the initiative before the bench started its hearing.

Sources at Dar Ul Uloom said “the document must be read carefully and seen in the right spirit”.

A fatwa is an opinion as per Islamic law and is non-binding, but one from Dar ul Uloom in India is counted as the gold-standard of what is correct and appropriate Islamic practice.

While even in earlier fatwas by Dar ul Ifta, the fatwa-issuing branch of Dar ul Uloom has not wholeheartedly approved of the instantaneous oral triple talaq, it has for the first time enunciated a process through which it attempts to reform this practice.

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  1. K
    May 19, 2017 at 11:35 am
    The sudden running about by these Maulvis to somehow prevent court ru against Triple T is not a result awakening for women's rights. It is the result of fear that an adverse ru will open the floodgates of litigation making their sharia shops and "scholarships" irrelevant, BUT MORE THAN THAT, the greater fear among Muslim think tanks is that it will also pave a way for Common Civil Code, and even more importantly it will stamp authority of Indian Law over Islamic "laws" and will almost decimate their dream of darul Islam in India (converting India into a Muslim nation).They know it is not just one issue that is at stake.While it appears to me that they HAVE ALREADY LOST THE CASE but that is not what is that important with respect to future of Islam in India,what is more important is the clarity, tone and GROUNDS the court will take,and in that regard I am not sure how strong or bold the court will be.
    1. H
      May 19, 2017 at 11:35 am
      What giving the Bride to refuse the Triple Talaq,why have it at all. As per these Clowns anything in Sharia cannot be modified or done away. Then who gives the authority to modify or incorporate new inclusions in the Nikah Nama. These guys are only going to end up with egg on their faces
      1. M
        May 19, 2017 at 11:05 am
        Isn't marriage and contract contradictory? If it is a marriage how can it be a contract? It's like a contract for s !
        1. V
          May 19, 2017 at 10:36 am
          First this Muslim Law board said that Talaq is a part of Islam. Then they changed the position and said that it is sinful. Earlier they had maintained that removing Talaq would amount to rewriting the Koran. Fact of the matter is the entire book called Koran is highly controversial book and contains lot of offensive forces. So, the wise people should reject this book and return to their former faiths. This alone could bring peace to the country.
          1. R
            May 19, 2017 at 10:30 am
            all religions evovle & change with time sadly muslims fear & lack guts to speak against ill's islam is facing its completely men controlled religion
            1. I
              indian man
              May 19, 2017 at 9:59 am
              Ban Islam and save earth.
              1. S
                Samuel Johnson
                May 19, 2017 at 6:30 am
                I am amazed even in this DNAge we are talking about equal rights to men and women and trying to exempt the slavery of women by Muslim men in the name of Koran in a secular country where a woman should be treated equal to a man. If this was a Muslim country all bets are off. Even those Muslim countries have banned triple talaq and if this was a Koranic tradition then are they breaking it? How illogical mullah Muslim men are? Don't you have mothers and sisters and daughters? Shame on you. Shame on Indian system which is now giving equal rights to Muslim women versus Muslim men. Marriage is an equal responsibility between a man and a woman. So if they go equally into it how can a man unilaterally break it? Then why not allow the woman also to unilaterally break it? What is this 3 words mumbo jumbo by muslim men? Every Indian citizen including women except Muslim men have to follow the process of divorce with equal rights except Muslim men who can just say bye bye bye and his wife is gone.
                1. P
                  May 19, 2017 at 6:47 am
                  You are ignorant brother woman can also do the same in Islam
                  1. A
                    Adhyatmika Chinthana
                    May 19, 2017 at 7:45 am
                    Interesting, women are kept uneducated and are not allowed to go out and work and fend for themselves, cannot be independent at all, have to take care for 20 kids, but are allowed to ask for triple talaq, and you call that equality? do you see a problem with that or will you need a fully funded Harvard MBA for that?
                    1. R
                      May 19, 2017 at 10:32 am
                      how many have done it ?? what will be the social cost to that women ?? its men controlled community
                  2. S
                    Samuel Johnson
                    May 19, 2017 at 4:56 am
                    How can our secular press print all this fatwa garbage? HOw can we allow this fatwa stuff in this DNAge? How can we say this is gold standard when it comes to fatwa. How long the press will be hijacked by the Muslim fundamentalist jihadi. Let's call a bull a bullsheet stop it.
                    1. R
                      May 19, 2017 at 10:33 am
                      just ignore & let them remain brainwashed back ward community
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