Telangana Waqf Board in a fix over Triple Talaq cases

Hyderabad: While the Telangana state Waqf board has washed its hands of the issue saying triple talaq is a “private matter” between a man and his divorced wife and thus, it will not interfere, Qazis are in a dilemma over instant triple talaq cases.

It must be noted that Qazis perform and dissolve marriages and the state Waqf board is authorised to issue marriage and divorce certificates of Muslims based on the documents (nikahnama or talaqnama) provided by the local qazi.

Refusing to make any changes in the existing nikahnama (marriage booklet with terms and conditions signed by bride and groom), the board now says it will only verbally caution the couple that instant triple talaq is illegal and punishable with a jail sentence.

Triple talaq bill has been passed in the parliament and now it is illegal on the part of a Muslim man to divorce his wife in a single proclamation. It is also null and void under the Muslim Women (Protection of Rights on Marriage) Bill, 2019. As the marriage continues to be valid under the new legislation, the qazi cannot issue talaqnama.

As reported by TOI, State Waqf board chairman Mohammad Saleem said that instant triple talaq is an issue between a divorced woman and her husband and the board has no role to play.

According to some Muslim religious scholars, if the woman does not lodge a police complaint, instant triple talaq can be treated as a normal divorce with talaq pronounced over three sittings with a gap of one month between sittings and after mediation by elders fail to convince the couple. This will save a man from going to jail.

When asked whether the board will issue divorce certificates in case of instant triple talaq, State Waqf board chairman said that it will issue certificates even in triple talaq cases provided there is no objection from the victim woman.

However, he said if a woman lodges a police complaint, the board cannot issue divorce certificate as the marriage continues to be in vogue after instant triple talaq.

A senior qazi, on the condition of anonymity said many Muslim religious scholars do not want to penalise the man, who gives triple talaq. He admitted that pressure is on them to treat instant triple talaq as normal talaq and issue divorce certificates after waiting for three months, as mandated in the Holy Quran.

Maintaining that the divorce rate among Muslims is minuscule, though often it is projected as a major problem in the principal minority community, Anwar Ahmad, a senior Mufti of leading deemed Islamic university, Jamia Nizamia, Hyderabad, claimed there have been no cases of instant triple talaq in the city after Parliament nullified the practice last month.

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