Faizel Patel, Radio Islam News – 23-08-2017
A renowned Islamic scholar says that while India’s Supreme Court has handed down judgment that Muslim divorce law was “unconstitutional” it will not affect the ruling of shariah.
Three of the five judges hearing the case yesterday questioned the legality of “triple talaq” ruled it as “unconstitutional”.
The law allows Muslim men to divorce their wives simply by uttering the word “talaq” three times.
Bharatiya Muslim Mahila Andola, a Muslim organisation, launched a campaign two years ago to ban triple talaq.
Responding to the unconstitutionality of the “triple talaq” rule on Radio Islam’s weekly Q & A show last night, Mufti Siraj Desai has questioned whether the Indian Supreme Court has considered the implications of the ruling.
Mufti Desai says while India has a large Muslim population of more than two hundred million, many are not going to accept the ruling by the court.
“If a man wants to give his wife three talaqs or gives the wife three talaqs and the question goes to the Darul Ifta, to the Mufti’s, they’re going to rule that those three talaqs are valid and the Nikah has been severed.”
He says no court including an Islamic court can overrule what is part and parcel of shariah.
“There are so many proofs that Ulama have given from the Quran, from the Hadith that three talaqs will take place and will be effective and will sever the Nikah completely.”
Mufti Desai says the ruling will create a rift and confusion among Muslims including the large number of Islamic scholars and families in India who will dispute whether a couple’s nikah is valid or invalid because of the controversial judgment.
Listen Mufti Siraj Desai respond to India’s Supreme Court suspending Muslim divorce law
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