SRINAGAR, Nov 2: The Jammu and Kashmir High Court’s recent ruling on divorce in Islam is an interference in the religious affairs of Muslims and could have serious consequences, the Jamiat-u-Ahlihadees, a religious organisation said on Friday.
“Islam is governed by the rule of Quran and Ahadees (sayings of Prophet Muhammad) and the decision of the court is interference in the religious matters of Muslims which would have an adverse impact”, said a statement issued after a meeting of party members.
Justice Hasnain Masoodi recently in a court order recently said a Muslim man had no absolute authority to pronounce Talaaq or divorce to his wife, but was bound by pre-conditions.
HC judgment
Four preconditions for dissolving a marriage legally:
- Intervention made by representatives of husband and wife to settle disputes and disagreements between the two and efforts do not bear any fruit
- A man must have a valid reason and genuine cause to pronounce divorce on wife
- Talaq should be pronounced in the presence of two witnesses endued with justice.
- Talaak should be pronounced during the period of tuhr (between the two menstrual cycles) without indulging in sexual intercourse with the divorcee during that period.
The party said they believed that bringing any Islamic matter to the court and to hold any decision thereupon was not a wise step.
“In the meeting, it was held that Islam is a perfect religion and Qur’an and Ahadees are complete guidance to govern the life of Muslims,” the statement read.
“The order will pave way for other religious matters to be brought into the courts. Muslims have never accepted such decisions neither will they do so in the future.”
The party have decided to hold on Sunday a meeting of religious, social and legal experts besides intellectuals to build consensus on the future course of action against the court judgement.
