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Friday, March 30, 2012

Fwd: Deoban talaq



---------- Forwarded message ----------
From: Xavier William <varekatx@gmail.com>
Date: Fri, Mar 30, 2012 at 9:34 AM
Subject: Deoban talaq
To: india-unity@yahoogroups.com, indiathinkersnet@yahoogroups.com, KeralaDD@yahoogroups.co.uk, Mahajanapada@yahoogroups.com


This morning's Hindu:

Darul Uloom Deoband has ruled that talaq (divorce) given in a state of drunkenness is valid. A fatwa to this effect was issued by Darul Ifta (Fatwa Department) of the Islamic seminary on March 13.

The ruling was issued on a question from a concerned brother on February 21, 2012. He wanted to know from Darul Ifta about the fate of his sister's marriage in the backdrop of his drunk brother-in-law telling her main tumko talaq deta hoon, talaq, talaq, talaq (I give you talaq — talaq talaq talaq).

The woman came to know some time after her marriage, which took place about two and half years ago, that her husband was a drunkard.

The couple have no children. Recently, the husband, in a drunken state, uttered 'talaq' thrice over the mobile phone, the woman's brother complained, adding, his brother-in-law was regretting what he had said.

In the light of the Shariah, was his sister's marriage still valid?

The Darul Ifta said: "In case the question is correct, three talaqs took place [on your sister] and the woman became haram [illegal] for her husband. She cannot remarry her husband without a valid halalah [just] because talaq takes place by mobile and in a state of drunkenness."

Laying down the condition for a re-marriage, the Darul Uloom said: "After the completion of the iddah period, a divorced woman should marry someone else. If the second husband dies or divorces her after the marital rights, she can remarry after completing the iddah period."

When contacted, Ittehad-i-Millat Council president Maulana Tauqeer Raza Khan, who belongs to the rival Barelvi school, defended the Darul Uloom fatwa.

"Qanoon-i- Shariah cannot change; whether talaq is said in an inebriated state or in a normal state, it was talaq."

The Maulana likened talaq to a pathar (stone) and nikah (marriage) to asheesha (glass), and said if a "stone is thrown at the glass, the glass will break.""

Below is another earlier report on the same:

Talaq joke , while chatting with his wife on the net, may cost youth his marriage

Saharanpur (U.P.): A talaq joke to his wife on the Internet may cost an e-savvy youth his marriage.

The man, a resident of Qatar, spelt talaq thrice while chatting with his wife, but little did he know that his humorous intention could nullify his marriage in reality.

The Islamic seminary, Darul Uloom Deoband, has ruled that saying talaq thrice, even casually, is valid as per the Shariyat (Islamic Law) and the marriage will stand nullified. The nationality or the identity of the youth has not been revealed. The fatwa was given by the Deoband's fatwa section, Darul Ifta, in reply to a query posted by the youth.

In his query he had stated that while chatting with his wife over the Internet he jokingly spelled talaq thrice. Claiming to have little knowledge of Islam, the youth said that he didn't know how talaq was taken, adding that he was happily married and wanted to live with his wife.

Darul Ifta had replied to him that once talaq is spelled thrice it amounted to divorce and that his wife was "haraam" for him. It does not matter whether he had enough knowledge of Islam or not. Under such circumstances, the youth is neither allowed to take his wife nor to marry her again, and that she would be required to go through 'halalah,' if she wanted to return to her husband.

"Halalah" is a practice under which the woman has to marry another man and divorce him before she can marry her previous husband again.The wife would be required to complete the ' iddat' (three months time) period after which she would be allowed to marry another man. In case she divorced her second husband, she would have to go through the ' iddat' period again before she could re-marry her former husband, it stated. During ' iddat' a woman is supposed to stay away from celebrations and socialising. "When you gave three talaqs, all the three took place. It does not matter whether the woman gives talaq or not. Your wife became 'haraam' for you, whether you are aware of the commandment or not," the fatwa read. Senior mufti of Darul Uloom Waqf Arif Kasmi said that under the 'Shariyat' talaq, even if given in a lighter vein, amounts to divorce. — PTI

Some 7 or 8 years ago a mentally disturbed man in Kerala talaued his wife. After he recovered his senses he approached the authorities


--
Xavier William |


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