Friday, Jul 23, 2004
Friday, Jul 23, 2004 |
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Sir, — The Supreme Court in the Shamim Ara case and the Madras High Court in the Parveen Akthar case have held that talaq is valid only when it is for a reasonable cause and is preceded by attempts at reconciliation. It was also held that for talaq to be effective, it should be pronounced. And "pronounce" means to proclaim, to utter formally, to declare and to articulate. A mere plea in the written statement of a divorce petition cannot be treated as effectuating talaq. Triple talaq as practised in India is against the principles of the Holy Quran and the law of the land. So there is no question of the All-India Muslim Personal Law Board deciding on its validity. All it has to do is educate the community on the judgments. As things stand today even procedurally valid talaqs are not accepted unless they carry the approval of courts. The next step would be to ensure that talaq under the Muslim law also has the approval of courts.
Bader Sayeed,
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