March 24th, 2012
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Muslim women to be granted right to annul marriage

muslim-womens right to divorce Bhopal: Talaq,talaq, taaq  is no longer a man’s prerogative. In a landmark unanimous ruling, over 300 Muslim scholars from India and abroad have arrived at the decision that Muslim women should be empowered and granted the right to annul the marriage, in case of a serious breach of agreement or if a wife is unwilling to live with her husband.

The ruling was adopted last week, at an international Islamic jurisprudence seminar organized by Islamic Fiqh Academy (India) from at Mhow in Madhya Pradesh. However the scholars ruled that if Shiqaaq arises, mediation and reconciliation should be resorted to before dissolution of marriage. “It is the duty of the relatives and guardians of the couple to attempt reconciliation and try to keep the couple within the limits set by Allah,” the ruling said.

“If Shiqaaq (bitterness or acrimony) shiqaaq arises between a couple and wife is completely unwilling to live with her husband, then utmost effort should be made by the judge to reconcile. In case of non-reconciliation, the marriage should be dissolved,” the ruling added.

The Dissolution of Muslim Marriages Act, 1939, commonly known as the Muslim Personal Law, governs dissolution of marriage at the instance of a wife, but it does not govern it on the ground of irreconcilable disagreement between the couple.

The Islamic Fiqh Academy, established in 1988, is a reputed institution devoted to the study of contemporary issues in related to Islamic law. They have adopted resolutions on more than 130 contemporary issues which won wide acceptance throughout the Muslim world.



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